Commissioner of Police v Huxtable [1986] AFPDT 3

- ORIGINAL [1986] RFPDT 8

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IN THE FEDERAL POLICE

DISCIPLINARY TRIBUNAL No. 6 of 1985

THE COMMISSIONER OF POLICE

against

CONSTABLE DAVID GEORGE HUXTABLE

Member: Mr. K.P. Duggan, Q.C.

Date: 23rd May, 1986

DECISION

THE TRIBUNAL FINDS that David George HUXTABLE, a member of the Australian Federal Police, is guilty of a disciplinary offence specified in paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations, namely that at Melbourne in the State of Victoria, he was guilty of improper conduct otherwise than in his official capacity in that on 12 November 1984 he telephoned Australian Federal Police Headquarters (Melbourne) and stated to Keith James HOWARD, a member of the Australian Federal Police, "The Turkish Consul General is fucking dead."

THE TRIBUNAL ORDERS THAT the proceedings be remitted to the

Commissioner of Police for the imposition of a penalty in

respect of the breach of discipline in respect of which the

member has been found guilty.

BY, RIBUNAL

REGISTRAR

IN THE FEDERAL POLICE

DISCIPLINARY TRIBUNAL No. 6 of 1985

THE COMMISSIONER OF POLICE

against

CONSTABLE DAVID GEORGE HUXTABLE

REASONS FOR DECISION

MR. K.P. DUGGAN, Q.C.

Constable David George Huxtable, a memder of the Australian Federal Police, appeared before me charged with improper conduct otherwise than in his official capacity contrary to paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations. The charge alleged as follows:-

"That you the said David George HUXTABLE, a memoer of the Australian Federal Police, were guilty of improper conduct otherwise than in your official capacity, in that at Melbourne in the State of Victoria on 12 November 1984, you telephoned Australian Federal Police Headquarters (Melbourne) and stated to Keith James HOWARD, a member of the Australian Federal Police, 'The Turkish Consul General is fucking dead'."