Federal Court of Australia
JUDGMENT No. FP. 8/98.
OCC CPP DOLCE CES
IN THE FEDERAL POLICE DISCIPLINARY TRIBUNAL ) Ne. 3 OF See
THE COMMISSIONER OF POLICE against
SENIOR SERGEANT BRIAN BRADLEY
FINDINGS
Member Mr R.J. CAHILL, S.M.
The Tribunal finds that Senior Sergeant Brian Bradley is
NOT GUILTY of the disciplinary offence alleged in charge No. 59/8283 namely:
"That he was negligent in the discharge of his duties, in that between 10 December 1980 and 20 March 1981, at Sydney in the State of New South Wales, having undertaken to investigate an incident alleged to have occurred at the
St Mary's Munitions Filling Factory on
10 December 1980, he did fail to carry out
an adequate investigation of the said incident".
R.d. CAHILL, S.M. Member
I€ CUToBER /y¥Ry
IN THE FEDERAL POLICE DISCIPLINARY TRIBUNAL)
No. 9 of 1983
THE COMMISSIONER OF POLICE
against
SENIOR SERGEANT BRIAN BRADLEY
REASONS FOR FINDING
By notice dated 10 May 1983 the Commissioner of the Australian Federal Police instituted proceedings against Senior Sergeant Brian Bradley charging that pursuant to Paragraph 18(1)c of the Australian Federal Police (Discipline) Regulations that he was negligent in the discharge of his duties in that between 10 December 1980 and 20 March 1981, at Sydney in the State of New South Wales, having undertaken to investigate an incident alleged to have occurred at the St Mary's Munitions Filling Factory on 10 December 1980, he did fail to carry out an adequate investigation of the said incident.
Paragraph 18(1)c provides:
"A Member is guilty of a disciplinary offence and is subject to punishment in accordance with these Regulations is the Member is negligent or careless in the discharge of his duties".
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In answer to a request for particulars the Commissioner indicated (see Exhibit E2) that he was not relying upon a specific instruction given to the member to carry out the investigation but upon the fact that he had accepted the responsibility for conducting the investigation and having done so, he had a duty to conduct an adequate investigation of the incident at St Mary's on 10 December 1980. The Commissioner further particularised the inadequacies referred to in the charge as including:
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