Commissioner of Police v McCowan [1984] AFPDT 4

[484] AEPDT

IN THE FEDERAL POLICE )

DISCIPLINARY TRIBUNAL

No. 2 of 1984

a

THE COMMISSIONER OF POLICE

against

FIRST CONSTABLE PAUL DAVID MCCOWAN

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

ORDER

THE PRESIDENT (KELLY J)

7 JUNE 1984

CANBERRA, A.C.T.

THE TRIBUNAL ORDERS THAT:-

1.

Charge No. AFP:21/8384 against Detective (P) First Constable Paul David McCowan (the respondent) be dismissed,

The Commissioner pay the respondent's costs of and incident to the charge.

IN THE FEDERAL POLICE )

No. 2 of 1984

DISCIPLINARY TRIBUNAL

THE COMMISSIONER OF POLICE

against

FIRST CONSTABLE PAUL DAVID McCOWAN

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

FINDING

THE PRESIDENT (KELLY J)

7 JUNE 1984

CANBERRA, A.C.T.

«

THE TRIBUNAL FINDS THAT Detective (P) First Constable Paul

David McCowan is not guilty of the disciplinary offence alleged in Charge No. AFP:21/8384, namely,

That at or about 3 o'clock in the forenoon on Thursday, 21st October 1982, at the intersection of Wickham and Gipps Streets, Fortitude valley in the State of Queensland, he whilst in the company of Detective (P) First Constable L.F. McQueen, did conduct himself in an improper manner otherwise than in his official capacity, being indirectly knowingly concerned in the use of lewd and derogatory words, by the said Constable McQueen, concerning Mr. Malcolm Sue, of Malcolm Sue Security Services Company of 608 Ann Street, Fortitude Valley when in conversation with three employees of the said Mr. Malcolm Sue, namely Peter McCulloch, Daniel Walker and Roman Li at the place and at the time aforesaid.