Federal Court of Australia
Sy tp 7 [1986] PFPDT &
. cel . - , IN:THE FEDERAL POLICE )
No. FPDT 3 of 1985 No. FPDT 4 of 1985
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DISCIPLINARY TRIBUNAL )-
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THE COMMISSTONER OF POLICE
against
SERGEANT ROBERT ALEXANDER GEORGE DONALDSON
THE COMMISSIONER OF POLICE
against.
SERGEANT GEOFFREY STEPHAN HOBART
REASONS FOR DECISION
MAGUIRE, Q.C. -- Member
3 April 1986
Sergeant Robert Alexander George Donaldson, a member of the Austcalian Federal Poiice, is charged with a single disciplinary offence, number 23/3485, the gravamen of which is that he was quilty of improper conduct otherwise than in an official capacity, namely that being a more senior officer he did request Senior Constable Geoffrey Stephen Hodart not to
report an offence, namely a larceny at the Total Service
Station, Scullin, which was known to Hobart, knowing that
Hobart was required to report such an offence.
When these proceedings initially came before the Tribunal on 18 June 1985 Sergeant Donaldson was represented by counsel.. He was so represented at a further directions hearing on 12 August 1985 and again on 10 December 1985. It was on that occasion, namely 10 December 1985, that the Tribunal fixed the hearing of the proceedings for Tuesday, 1
April 1986.
On material that is in evidence before the Tribunal, Sergeant Donaldson continued to be represented by the solicitor whom he had initially instructed until last week. Thereafter he changed. his solicitor and instructed another. Thereafter he withdrew his instructions from that second solicitor, Mr Buxton, who, as a matter of courtesy, appeared
before the Tribunal on Tuesday morning this week to inform me
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There is an irresistible inference that the sergeant was aware of the fixing of the nearing to commence before the Tribunal on Tuesday. In the circumstances of his failure to appear, I was asked by counsel for the Commissioner to deal with the matter ex parte, that seemed to me to be an appropriate course to take. Also listed for hearing were three charges arising generally out of the same set of circumstances, which three charges were laid against Sergeant Hobart, the person mentioned in the charge against Sergeant
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