Commissioner of Police v Gallaher [1988] AFPDT 7

tal

[lass] ArPDT 1

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IN T FEDERAL POLICE ) ) No. FPDT 2 of 1988 DISCIPLINARY TRIBUNAL )

COMMISSIONER OF POLICE

against

SERGEANT PATRICK JOHN GALLAHER

DECISION

TRIBUNAL: MR B.R. MAGUIRE, Q.C. DATE : 26 August 1988 PLACE 3 Sydney

THE TRIBUNAL FINDS:

That the Respondent, Sergeant Patrick John Gallaher, is not guilty of the six disciplinary offences of which he was charged, namely, two offences of false statement alleged in notifications numbered 30/8788 and 32/8788; two offences of improper conduct alleged in notifications numbered 35/8788 and 34/8788; one offence of accepting a gift alleged in notification number 31/8788; and one offence of carelessness alleged in notification number 33/8788.

AND THE TRIBUNAL ORDERS THAT:

1. The said charges be dismissed. 2. The Commonwealth pay the Respondent's costs. 3. The parties have liberty to apply as to the quantum of the

said costs.

By the Tribunal,

—,

REGISTRAR

The matters that come before the Tribunal for Gecision all arise out of a major importation of drugs at Sydney airport on 23 May 1986. That importation, or the investigation surrounding it, have borne the name "Operation Creole" throughout. On the same day, a party of police, not including the respondent nor the sergeant immediately senior to him, namely Sergeant King, attended the house of one N in the suburbs of Sydney, where a search was conducted. That party of police was not in possession of any warrant entitling them to do that, but they appear to have met with the co-operation of N, even to the extent that HN surrendered his passport to Detective Sergeant Doszpot, who had

found it at the premises.

Shortly after the 23rd, it may even be on the following day, the respondent, Gallaher, saw N, with whom he had had a brief association some years before. The evidence discloses that N, having been the subject of police attention on the 23rd indicated by some means that he would like to see Gallaher. It seems to have been convenient to those in charge of the operation that Gallaher should thereupon become the police contact with N in the hope that N would provide information about operation Creole and