Federal Court of Australia
[9ST] AF PDT 6
~
IW THE FEDERAL POLICE )
, 2 No. FPDT 1 of 1987 DISCIPLINARY TRIBUNAL )
THE COMMISSIONER OF POLICE against
STATION SERGEANT TERENCE KEVIN PAFF
DECISION
TRIBUNAL: Mr B.R. Maguire, @.C.,
Member. DATE: 25 September 1907 PLACE: Canberra
THE TRIBUNAL FIWDS:
Tnat the Respondent, Station Sergeant Terence Kevin Paff, a member of the Australian Federal Police, is not guilty of the disciplinary offence of which he was charged, namely, acting in a manner likely to bring discredit to the reputation of the Australian Federal Police.
AND THE TRIBUNAL ORDERS THAT:
HE The said charge be dismissed.
rar The Commonwealth pay the Respondent's costs.
By the Tribunal,
IN THE FEDERAL POLICE ) ) No. FPDT 1 of 1987 DISCIPLINARY TRIBUNAL )
THE COMMISSIONER OF POLICE
against
STATLON SERGEANT TERENCE KEVIN PAFF
REASONS FOR DECISION
TRIBUNAL: Mir BR. Maguire, Q.C., tlember
DATE: 25 September 1987
On the afternoon of 10 August 1986 there were two Ford Falcon motor vehicles proceeding in the same direction in Beaurepaire Crescent, Holt. Driving the front vehicle was the respondent, Sergeant Paff. He was accompanied by his daughter. Driving the rear vehicle was the male complainant, Francis Albert Martin, who was accompanied by firs bhiartin and by his daughter, Heather
Martin, the female complainant in this matter.
The road at that point, and for the whole of the relevant stretch of road, was divided by a median strip. There was sufficient room on the carriageway in the direction in which the two vehicles were travelling for one of them to overtake the other. Although it would ordinarily be regarded, I understand, as a single lane, there was, on all the evidence, sufficient room for
the Martin vehicle to overtake the Paff vehicle.
Sergeant Paff intended to make a right hand turn at an intersection that they were approaching. He was aware of the vehicle that was following him, and aware that it was very close to him. The Sergeant therefore took the eminently sensible course of slowing down and deviating to the left. That was intended by him as an invitation to the driver of the following vehicle to overtake. That invitation was so understood by the driver of the other vehicle, fir Martin; that is, he understood, from the actions of the vehicle in front of him, that the driver
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