Commissioner of Police v Clarke [1985] AFPDT 4

, Dor

[1995] AFPIT 4

IN THE FEDERAL POLICE )

) No. 3 of 1984.

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE against

SERGEANT RONALD GEORGE CLARKE

FINDINGS

Member Mr R.J. Cahill, S.M.

The Tribunal finds that Sergeant Ronald George Clarke is

not guilty. of the two disciplinary offences alleged in charges 22/8384 and 23/8384 namely: '

"At Box Hill, in the State of Victoria, on 4 March

1982, he in the performance of his duties, failed

to comply with the law applicable to him and that

he exceeded the authority of a search warrant

issued 3 March 1982 in that he seized documents

from premises situated at unit 3/35 Victoria Street, Box Hill, in the said State which were not permitted by the said warrant".

"At Melbourne in the State of Victoria, between

4 March and 17 June 1982 he failed to make a prompt return of property to wit, certain documents seized by him on 4 March 1982 to the owner thereof, which documents were received by him in the course of

his duty". .

RO. CAHILL, S.M. Membe

13 February 1985

FEDERAL POLICE DISCIPLINARY TRIBUNAL

No. 3 of 1984

COMMISSEONER OF AUSTRALIAN FEDERAL POLICE

RONALD GEORGE CLARKE

Before R.J. CAHILL SM, member

JUDGMENT and REASONS FOR FINDING

The Commissioner, by two notices dated 1 December 1983, charged the member with two offences under paragraph 18(1)(a) of the Australian Federal _ Police Discipline Requlations, the first charge being an offence under paragraph 3(e), the second charge being an offence under paragraph 8(b).

The first charge pursuant to paragraph 3(e) alleged: "At Box Hill, in the State of Victoria, on 4 March 1982, he in the performance of his duties, failed to comply with the law applicable to him in that he exceeded the authority of a search warrant issued 3 March 1982 im that he seized documents from premises situated at unit 3/35 Victoria Street, Box Hill, in the said State which were not permitted by the said warrant."