[1995] AFPOT & IN THE FEDERAL POLICE ) No. 5 of 1985 DISCIPLINARY TRIBUNAL ) TRIBUNAL: DATE: THE COMMISSIONER OF POLICE against PETER RICHARD SWANN DECISION Mr B.R. Maguire, Q@.C. (Member) 4 July 1985 THE TRIBUNAL FINDS: 1. That PETER RICHARD SWANN, a member of the Australian Federal Police, is guilty of improper conduct otherwise than in his official capacity, in that at Canberra in the Australian Capital Territory on 11 July 1984, he did report to Robert William MUNRO, a member of the Australian Federal Police, that his private motor vehicle, Holden sedan registered number NSW JGE-877 had been stolen, well knowing such report to be false. oe-/2 AND THE TRIBUNAL ORDERS THAT: 1. The proceedings be remitted to the Commissioner of Police for the imposition of a penalty in respect of the breach of discipline of which the member has been found guilty. By the Tribunal Sgd. P. G. Dingwall REGISTRAR IN THE FEDERAL POLICE ) ) No. 5 of 1985 DISCIPLINARY TRIBUNAL ) THE COMMISSIONER OF POLICE against PETER RICHARD SWANN REASONS FOR DECISION Tribunal: Mr B.R.~ Maguire, Q.C. (Member) Date: 4 July 1985 Constable Peter Richard Swann comes before the Tribunal pursuant to a notification of institution of proceedings dated 7 May 1985 and signed by the Commissioner of Police. The terms of the alleged offence are set out in the notification and appear in the transcript, having been read to Constable Swann this morning. When charged initially, Constable Swann denied the allegation but now before the Tribunal, he has admitted the truth of the allegation. That does not relieve the Tribunal of making findings of fact and I am obliged by section 67 (3) to inform the Commissioner in writing of my findings in the proceedings. ---/2 2. Plainly, the charge is made out. Ms Vardanega, on behalf of the Commissioner, has outlined to the Tribunal the circumstances that give rise to the allegation and she has tendered a number of documents including a record of interview conducted by Inspector Richards in which Constable Swann admitted that he had told untruths to Constable Munro and that in fact the car was not stolen on the night in question, and that the only person that drove the car that night was himself. Those matters appear in the answers to questions 60, 61 and 62 of the record of interview. Nothing is offered by Mr Nicholson on behalf of Constable Swann nor by Constable Swann by way of contradiction of the matters outlined by Ms Vardanega and it suffices to say that I find him guilty of the breach of discipline alleged. I shall in due course inform the Commissioner in writing of that finding and pursuant to section 76(5), I shall give the Commissioner the transcript of these remarks so that he will have my reasons in writing. It remains only for me then to say that I remit the proceedings to the Commissioner for the imposition of a penalty in respect of the breach of discipline. I certify that the foregoing is a true copy of the reasons of Mr B.R. Maguire, @.C., Member, in this matter. Sgd. P. G. Dingwall REGISTRAR Date:AY July 1985