Commissioner of Police v Sloane [1985] AFPDT 1

IN THE FEDERAL POLICE )

No. 10 of 1984

DISCIPLINARY TRIBUNAL )

TRIBUNAL:

DATE:

1.

COMMISSIONER OF POLICE Against

PETER GERALD SLOANE

IN THE MATTER of the

Complaints (Australian Federal Police) Act 1981.

DECISION

Mr. Justice Jenkinson, Deputy President

25 September, 19985

The Tribunal finds Constable Peter Gerald Sloane guilty of the disciplinary offence charged in the notice (AFP:8/8485) dated 28 August 1984.

The Tribunal adjourns |the further hearing of the proceedings instituted by the service of the said notice to a date to be fixed.

uty President

IN THE FEDERAL POLICE ) ) No. 10 of 1984

DISCIPLINARY TRIBUNAL

COMMISSIONER OF POLICE

Against

PETER GERALD SLOANE

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

25 September, 1985 MR. JUSTICE JENKINSON - Deputy President

REASONS FOR DECISION

1. Reasons in writing given by the Federal Police Disciplinary Tribunal for its decision, in a proceeding heard by

it in pursuance of s.67 of the Complaints (Australian Federal

Police) Act 1981, whether Constable Peter Gerald Sloane is guilty

of a charge that he acted in a manner unbecoming a member of the

Australian Federal Police.

2. The evidence satisfied the Tribunal of the occurrence of

the events, and of the circumstances, specified hereafter in this

paragraph.

Constable Sloane was born on 29 May 1962. At all material times he has been and is now a member of the Australian Federal Police of the rank of constable. On Saturday and Sunday

24 and 25 March 1984 he was not on duty. Between 4.35 and 4.55 in

the morning of Sunday 25 March 1984 he was unlawfully assaulted by several men in. Garema Place, Civic. Shortly after that assault Constable Sloane approached a taxi near the Centre Cinema. David Clark Lovie was in the driver's seat. In the front passenger seat was a male passenger and in the rear of the taxi were three young women who were also passengers. Mr. Lovie was carrying the passengers for reward. Because Constable Sloane looked distressed Mr. Lovie asked him whether he was all right and whether Lovie should call him a taxi. Constable Sloane replied that he had been attacked, enquired whether Lovie had seen a car drive off, and said that he was commandeering the taxi to take him to the police station and that he was an off-duty policeman. Constable Sloane walked to the front near~side door of the taxi and, at Mr. Lovie' s suggestion, the male passenger moved from the front to the rear of the taxi. Constable Sloane then got into the front passenger seat. Constable Sloane slammed shut the front near-side door of the taxi violently, he struck the dashboard in front of him more than once with his fists, he swore a number of times, said the words "fucking cunts" more than once and used other expletives. His demeanour was that of a man in a rage. His conduct frightened