Marr v Commissioner of Police [1983] AFPDT 5

JUDGMENT No. LL ubaddat

IN THE FEDERAL POLICE ) ) No. 11 of 1983 DISCIPLINARY TRIBUNAL ) BETWEEN: FREDERICK NEWTON MARR Appellant AND: THE COMMISSIONER OF POLICE Respondent ORDERS

THE PRESIDENT

9 DECEMBER 1983

CANBERRA, A.C.T.

THE TRIBUNAL ORDERS THAT

1. 2.

The appeals be upheld.

In lieu of the penalty of dismissal from the Australian Federal Police imposed by the Commissioner of Police in respect of Charge No. AFP:43/8283 the Appellant be reduced in rank from the grade of First Constable in the rank of Constable in whichever of the components of the Australian Federal Police referred to in ss.6 and 7 of the Australian Federal Police Act 1979 he is serving to the grade of Constable in the rank of

Constable in that component, the reduction in rank to take

effect from today.

/2.

In lieu of the penalty of dismissal from the Australian Federal

Police. imposed by the Commissioner of Police in respect of Charge No. AFP:44/8283 there be imposed on the Appellant a fine equal to the salary payable to him for a period of five days at the rate payable this day.

In lieu of the penalty of dismissal from the Australian Federal Police imposed by the Commissioner of Police in respect of Charge No. AFP:45/8283 there be imposed on the Appellant a fine equal to the salary payable to him for a period of five days at the rate payable this day.

The Appellant's costs of and incident to the appeal be paid by the Commonwealth.

There be liberty to apply in respect of the form of the

second order above.

IN THE FEDERAL POLICE )

DISCIPLINARY TRIBUNAL )

BETWEEN ;

© AND:

REASONS FOR DECISION

9 DECEMBER 1983

No.11 of 1983

FREDERICK NEWTON MARR

Appellant

THE COMMISSIONER OF POLICE

Respondent

KELLY J (President)

Protective Service First Constable Frederick Newton Marr (the Appellant), a member of the Australian Federal Police, appealed against the penalty of dismissal imposed upon him by the Commissioner of Police pursuant to s.67(6) of the Complaints (Australian Federal Police) Act 1981 (the Act) in respect of each of three disciplinary offences with which he had been charged before a member of the Tribunal, Mr. J.R.B. Norris, Q.C. He pleaded guilty to each charge. The Tribunal recorded a finding that he was guilty of each and, as required by the Act, remitted the proceedings to the Commissioner of Police for the imposition of penalties.