Commissioner of Police v O'Donovan [1984] AFPDT 3

[1984] AF PDT 3

IN THE FEDERAL POLICE )

) No. 18 of 1983 DISCIPLINARY TRIBUNAL )

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THE COMMISSIONER OF POLICE NER OF POLICE against

SERGEANT RICHARD DENIS O'DONOVAN

IN THE MATTER of the Complaints (Australian Federal Police) Act 1981

FINDING THE PRESIDENT (KELLY J) 22 MARCH 1984

CANBERRA. A.C.T. a Ae

THE TRIBUNAL FINDS THAT:-

Sergeant Richard Denis O'Donovan is guilty of the

disciplinary offence alleged in Charge No. AFP: 15/8384, namely,

That he contravened Paragraph 18(1)(c) of the Australian Federal Police (Discipline) Regulations in that he was negligent in the discharge of his duties in that on or about 17 May 1983 at Melbourne, being a member in charge of a Drug Unit engaged in the search of certain premises at Melbourne, he failed to exercise adequate control and security over exhibits seized,

xa

IN THE FEDERAL POLICE ) : ' ) Nos. 16, 17 & 18 of 1983 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

INSPECTOR RAY DONALD COOPER ELD COOPER

THE COMMISSIONER OF POLICE

against

STATION SERGEANT NORMAN JOHN CURRIE SS NN YOHN CURRIE

THE COMMISSIONER OF POLICE RR EER OF POLICE against

SERGEANT RICHARD DENIS O'DONOVAN Et OD DONOVAN

IN THE MATTER of the Complaints (Australian Federal Police) Act 1981

REASONS FOR FINDINGS KELLY J - President

ee 23 FEBRUARY 1984

Part of Regulation 18(1) of the Australian Federal Police (Discipline) Regulations (the Regulations) made under the Australian Federal Police Act 1979 (the Act) teads:-

"A member is guilty of a disciplinary offence and is subject to punishment in accordance with these Regulations if the member -

(b) contravenes or fails to comply with a General Order or a General Instruction issued under section 14 of the Act;

(c) is negligent or careless in the discharge of his duties;

~ (£) acts in a manner that is prejudicial to the good order and discipline of the Australian -Federal Police;