Commissioner of Police v Cooper [1985] AFPDT 2

Lo ot [968] AFPOT 2

IN THE FEDERAL POLICE )

) No. 5 of 1984 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

INSPECTOR RAY DONALD COOPER

FINDINGS

MR K.P. DUGGAN @.C., MEMBER 7 JANUARY 1985

ADELAIDE, S.A.

THE TRIBUNAL FINDS THAT:-

1. Inspector Ray Donald Cooper is not guilty of the breach of discipline alleged in Charge No. AFP:32/8384, namely:-

That he, being a member of the Australian Federal Police,

was guilty of a disciplinary offence specified in paragraph 18(1)(f) of the Australian Federal Police (Discipline) Regulations namely that at Melbourne in the State of Victoria he did act

in a manner that was prejudicial to the good order and discipline of the Australian. Federal Police in that, in relation to Committal Proceedings at Melbourne Magistrate's Court which were held on 6 December 1982 against Larry James SPONG and Robert NURI he exceeded his authority as the Officer in Charge of the Drug Unit in that, having been advised by the Deputy Crown Solicitor to call an offender to wit Cheryl DAVIES,

as a crown witness, he did make a decision not to call the

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said witness, without consulting either Chief Superintendent MORLEY the then Crime Co-ordinator or Chief Superintendent

MORRISON the then Officer in Charge, Southern Region.

2. Inspector Ray Donald Cooper is not guilty of the breach of discipline alleged in Charge No. AFP:33/8384 namely:-

That, he being a member of the Australian Federal Police, was guilty of a disciplinary offence specified in paragraph 18(1)(€c) of the Australian Federal Police (Discipline) Regulations, namely that at Melbourne in the State of Victoria he was negligent in the discharge of his duties in that, in relation to Committal Proceedings at Melbourne Magistrates Court which were held on 6 December 1982 against Larry James SPONG and Robert NURI he did make a decision not to call an offender to wit Cheryl DAVIES as a crown witness