Federal Court of Australia
JUDGMENT No. EZ LABS
No. 14 of 1983
IN THE FEDERAL POLICE
DISCIPLINARY TRIBUNAL
ew
THE COMMISSIONER OF_=POLICE
against
SERGEANT WARREN DAVID SCANES
IN THE MATTER of the Complaints (Australian Federal Pélice) Act 1981
FINDINGS
THE PRESIDENT (KELLY J) 9 DECEMBER 1983
CANBERRA, A.C.T.
THE TRIBUNAL FINDS THAT Sergeant Warren David SCANES is guilty
of the disciplinary offence alleged in Charge No. AFP:8/8384, namely: -
That he was careless in the discharge of his
duties contrary to the provisions of paragraph 18(1)(c) of the Australian Federal Police (Discipline) Regulations, in that on 16 July 1982, having required Wayne Russell McDOWALL to produce for inspection his licence to drive a motor vehicle and the said Wayne Russell McDOWALL having so produced his licence to him, he failed to return the said licence to him immediately or shortly thereafter his having inspected it.
IN THE FEDERAL POLICE
DISCIPLINARY TRIBUNAL
REASONS FOR DECISION
9 DECEMBER 1983
) No. 14 of 1983
~
THE COMMISSIONER OF POLICE
against
SERGEANT WARREN DAVID SCANES
IN THE MATTER of the Complaints (Australian Federal Police) Act 1981
KELLY J
By notice dated 18 July 1983 the Commissioner of the Australian Federal Police instituted proceedings against Sergeant Warren David Scanes (Sergeant Scanes) charging that he was careless in the discharge of his duties contrary to the provisions of paragraph 18(1)(c) of the Australian Federal Police (Discipline) Regulations in that on 16 July 1982, having required Wayne Russell McDowall to produce for inspection his licence to drive a motor vehicle and the said Wayne Russell McDowall having so produced his licence, he failed to return the said licence immediately or shortly after he had inspected it. (Australian Federal Police Charge No. A.F.P. 8/8384.)
Sergeant Scanes admits that on the morning of 16 July 1982 he required Mr. McDowall to produce his driver's licence for inspection and that subsequently he placed it in his pocket, forgetting, as he said, to return it to Mr. McDowall. It was not until about half an hour later that he realised he still had the licence. Sergeant Scanes agreed in cross-examination that unless he were going to keep the licence for the purpose of evidence in some matter he should have returned it forthwith.
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