Commissioner of Police v Sullivan [1988] AFPDT 6

[1I8s] AFPDT 6

IN THE FEDERAL POLICE No. F of 1987

DISCIPLINARY TRIBUNAL

THE COMMISSIONER OF POLICE

against

CONSTABLE PETER JOHN SULLIVAN

REASONS FOR FINDING

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

(Member)

Ld Monk 24th February. 1988

Constable Peter John Sullivan has been charged with a disciplinary offence specified in paragraph 18(1)(a) of the Australian Federal Police (Discipline) Regulations. It is alleged that he contravened paragraph 13(1)(a) of the Regulations, the particulars of the charge being:-

"That between the 24th day of June 1986 and the 12th day of July 1986, at Perth in the State of Western Australia, you Peter John Sullivan, a member of the Australian Federal Police, did without lawful authority or excuse communicate to Steven John Danaher, information of a police Operational nature, namely, that there was an Australian Federal Police File or investigation concerning David Francis Everett, such information that you, the said Peter John Sullivan, did acquire in the course of your duties."

According to the evidence the alleged disclosure of information related to an inquiry being conducted into the activities of a man named David Francis Everett who was at all relevant times a member of the Special Air Service Regiment based at Swanbourne in Western Australia. In June, 1986 the Regiment's commanding officer and adjutant were advised that Everett may have served as a mercenary whilst on leave in Thailand. The matter was reported to the Australian Federal Police and two police officers went to the barracks on 3rd July 1986 in order to conduct preliminary inquiries.

It would appear that Everett had returned to Perth on 22nd June 1986, but at the time of the visit to the barracks on 3rd July 1986, neither the Army nor police authorities were aware of this fact. Police inquiries after the visit on