Commissioner of Police v Keating [1986] AFPDT 6

LasclAFPDT 6

"IN THE FEDERAL POLICE ) ) No. FPDT 3 of 1986

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE against

MICHAEL ANTHONY KEATING

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

Date : 23 September 1986

DECISION

THE TRIBUNAL FINDS THAT:

i Michael Anthony Keating, a member of the Australian Federal Police (the Respondent), is guilty of eleven charges, numbered sequentially from 22-85/86 to 32-85/86, of improper conduct otherwise than in his official capacity in that he gave to a named person a cheque that was not honoured on presentation.

Ze The said Respondent is not guilty of the charge of making a false statement in an application form lodged

with a credit union in support of an application for a personal loan, being the charge numbered 34-85/86.

THE TRIBUNAL ORDERS THAT:

Te In respect of the said eleven charges, the proceedings be remitted to the Commissioner of the Australian Federal Police for the imposition of a penalty by the Commissioner.

Ds The two charges of breaches of discipline by the Respondent, being charges numbered 33-85/86 and 35-85/86, be dismissed.

Ze The charge that the Respondent made a false statement, in an application form lodged with a credit union in support of an application for a personal loan, being the charge numbered 34-85/86, be dismissed.

4. That in relation to the charge numbered 34-85/86, the Commonwealth pay the Respondent's costs, which the Tribunal assesses in the sum of $1325.00.

B.R. MAGUIRE, MEMB

* IN THE FEDERAL POLICE, )

) No. FPDT 3 of 1986 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

MICHAEL ANTHONY KEATING

REASONS FOR DECISION

MR B.R. MAGUIRE, Q.C. CANBERRA

23 SEPTEMBER 1986 5

The tribunal has before it for determination 14 allegations of breaches of discipline by Chief Inspector Michael Anthony Keating ("the respondent"). Two of those allegations, numbers 33-985/86 and 35-85/86, are not pursued by counsel for the commissioner and, accordingly, they are dismissed and I say no