Commissioner of Police v Duthie [1988] AFPDT 2

JUDGMENT No. EZ aad Soa 193

IN THE FEDERAL POLICE

No. 6 of 1987

wee

DISCIPLINARY TRIBUNAL

COMMISSIONER OF POLICE Against

MICHAEL KEITH DUTHIE

IN THE MATTER of the

Complaints (Australian

Federal Police) Act 1981.

DECISION TRIBUNAL: Mr. Justice Jenkinson, Deputy President DATE: 31 May, 1988

The Tribunal finds Senior Constable Michael Keith Duthie not guilty of the disciplinary offence charged in the notice (AFP

10/8788) dated 20 October 1987.

"U/ deputy P President

IN THE FEDERAL POLICE ) ) No. 5 of 1987

DISCIPLINARY TRIBUNAL )

COMMISSIONER OF POLICE Against KEVIN CAREY

No. 6 of 1987

COMMISSIONER OF POLICE

Against

MICHAEL KEITH DUTHIE

IN THE MATTER of the

Complaints (Australian

Federal Police) Act 1981.

31 May, 1988 MR. JUSTICE JENKINSON - Deputy President

REASONS FOR DECISION

A charge of improper conduct against each of two members

of the Australian Federal Police, Michael Keith Duthie and Kevin

Carey, was heard by the Tribunal on 2 and 3 May 1988.

In February 1986 a number of persons were charged in Melbourne with offences, against Commonwealth law, which related to heroin. One of those charged, whom I shall call xX, was

addicted to heroin. Another, whom I shall call Y, was not

2.

believed to use heroin. Senior Constable Duthie, who in February 1986 was a Pirst Constable aged 23, became known to X and Y, on the day they were charged, as one of the members of the Australian Federal Police who were engaged in the prosecution of the offences with which X and Y and others were being charged. X and Y suggested to Mr. Duthie that they would provide him with information concerning criminal activities with respect to drugs in return for assistance by him in their attempts to attract leniency by the court before which they should, or at least might, be convicted. Mr. Duthie encouraged them to provide him with information of that kind without making any definite promise. He made an appropriate report, of the approach X and Y had made to