Commissioner of Police v Micolich [1985] AFPDT 6

aS J85fp06

(inéoen plete p.lo+) IN THE FEDERAL POLICE )

) No. 9 of 1984 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

SENIOR CONSTABLE GEORGE FREDERICK MICOLICH

Member: Mr B.R. Maguire, Q.C.

Date: 13 March 1985

DECISION

THE TRIBUNAL FINDS THAT:

1) George Frederick MICOLICH, a member of the Australian Federal Police, is not guilty of a disciplinary offence specified in paragraph 18(1)(€a) of the Australian Federal Police (Discipline) Regulations by contravening a provision of Division 1 of those Regulations, namely paragraph 5(a), in that at Sydney in the State of New South Wales on 30 September 1983 he discharged a firearm contrary to the provisions of paragraph 3 of Administrative Circular No.170 dated 17 February 1983.

} 2) George Frederick MICOLICH, a member of the Australian Federal Police, is not guilty of a disciplinary offence specified in paragraph 18(1)(a) of the Australian Federal Police (Discipline) Regulations by contravening a provision of Division 1 of those Regulations, namely paragraph 5(a), in that at Sydney in the State of New South Wales on 30 September 1983, he handled a firearm unnecessarily in the presence of others when not under proper instructions or in the execution of duty, contrary to the provisions of sub-paragraph 17(c) of Administrative Circular No.170 dated 17 February 1983.

3) George Frederick MICOLICH, a member of the Australian Federal Police, is not guilty of a disciplinary offence specified in paragraph 18(1)(c) of the

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4)

5)

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Australian Federal Police (Discipline) Regulations, namely that he was negligent in the discharge

of his duties in that, at Sydney in the State

of New South Wales on 30 September 1983, he discharged a firearm in such a manner and in such circumstances that physical injury was inflicted upon Constable Elizabeth Jane HANSON, a member of the Australian Federal Police.