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 22/2 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 contrary to the advice of the Deputy Crown Solicitor. AND THE TRIBUNAL ORDERS THAT:~- 1. The Commonwealth of Australia pay to Inspector Ray Donald Cooper the costs of these proceedings incurred by him. K.P. Duggan @.C. MEMBER IN THE FEDERAL POLICE ) ) No. 5 of 1984 DISCIPLINARY TRIBUNAL ) THE COMMISSIONER OF POLICE against INSPECTOR RAY DONALD COOPER MR K.P. DUGGAN Q.C., MEMBER 7 JANUARY 1985 ADELAIDE, S.A. REASONS FOR FINDINGS These proceedings came on for hearing before me in Melbourne on 3 October 1984. On that day Counsel for the Commissioner led oral evidence from Mr James Edward Fuller and tendered some documentary evidence. The hearing was then adjourned to the next day. On 4 October 1984 Counsel for the Commissioner announced that he did not propose to lead any further evidence and further stated "there is no procedure as such for withdrawing charges and we understand the consequences for not leading further evidence". In these circumstances, having regard to the state of the evidence at the time the only finding I could make was to dismiss the charges and make an order for costs in favour of Inspector Cooper. Accordingly, I made those orders orally on 4 October 1984. K.P. Duggan @.C. MEMBER