Commissioner of Police v McIntyre [1985] AFPDT 5

[1985] AFPOT &

IN THE FEDERAL POLICE )

) No. 6 of 1984

DISCIPLINARY TRIBUNAL )

Member:

_

@ Date:

THE COMMISSIONER OF POLICE

against

SENIOR SERGEANT WAYNE ANDREW MCINTYRE

Mr K.P. Duggan, Q.C.

28 February 1985

DECISION

- THE TRIBUNAL FINDS:

1.

That Wayne Andrew McINTYRE, a member of the Australian Federal Police, is quilty of a disciplinary offence specified in paragraph 18(1)(c) of the Australian Federal Police (Discipline) Regulations, namely

that at Kensington in the State of Victoria, he

was careless in the discharge of his duties in

that in preparing a brief to be submitted to the Deputy Crown Solicitor in relation to matters arising out of a search of premises at 130 Rankins Road, Kensington in the State of Victoria on 28 July

1981 he, being the member in charge of the said... -. search and in charge of the preparation of the

said brief, several days after the said search

---/2

2. of the premises, did orally advise another member of the search team, to wit, Acting Sergeant Harold Charles Lewis BENSON, of his account of the said search in order to assist the said Acting Sergeant Harold Charles Lewis BENSON to compose his statement, but did fail to check the completed statement before

it was submitted to the Deputy Crown Solicitor.

That Wayne Andrew McINTYRE, a member of the Australian Federal Police, is quilty of a disciplinary offence specified in paragraph 18(1)(c) of the Australian Federal Police (Discipline) Regulations, namely that at Kensington in the State of Victoria, he was careless in the discharge of his duties in that in the conduct of a search of premises at 130 Rankins Road, Kensington, in the State of Victoria on 28 July 1981 he:- (a) Ci) failed to make any original notes of the search; (ii) failed to adopt notes made at the time of the search or shortly thereafter; (b) being the member in charge of the search team - (i) entered the premises without ensuring that a search warrant was in the possession of any member of the search team present at that time; (ii) did fail to ensure that all persons found "on the premises were questioned in relation