Commissioner of Police v Beniston [1988] AFPDT 8

my | fiqas| AFPOT 8

IN THE FEDERAL POLICE ) No. 4 of 1988 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

Against:

ROBERT FRANK BENISTON

MAGISTRATE J.J. DAINER, AM RFD, MEMBER 31ST AUGUST 1988

CANBERRA, A.C.T.

REASONS FOR DECISION

At the conclusion of the hearing of the charge against Senior

Constable Robert Frank Beniston I advised the parties that I

intended thereupon to hand-down my decision and the reasons

therefor in view of my impending absence from duty for some ) four weeks. '

Accordingly an extract from the transcript of the proceedings, containing my decision and the reasons for making such decision, is attached herewith, in accordance with Section 76(5) of the Complaints (Australian Federal Police) Act 1981. .

IN THE FEDERAL POLICE ) No. 4 of 1988 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

Against:

ROBERT FRANK BENISTON

FINDING

MAGISTRATE J.J. DAINER, AM RFD, MEMBER 31ST AUGUST 1988

CANBERRA, A.C.T.

THE TRIBUNAL FINDS THAT: -

hie Senior Constable Robert Frank Beniston is not guilty of the breach of discipline alleged against him in charge AFP:36/8788 which alleged that he, on the lst January 1988, at the National Exhibition Centre, Lyneham, in the Australian Capital Territory, had acted in a manner unbecoming a member of the Australian Federal Police in that he threatened, harassed and intimidated Darryn

Johnson.

IN THE FEDERAL POLICE ) No. 4 of 1988

DISCIPLINARY TRIBUNAL ) THE COMMISSIONER OF POLICE Against: ROBERT FRANK BENISTON ORDER

MAGISTRATE J.J. DAINER, AM RFD, MEMBER 31ST AUGUST 1988

CANBERRA, A.C.T.

THE TRIBUNAL ORDERS THAT: -

Res The Commonwealth of Australia pay to Senior Constable Robert Frank Beniston the costs of these proceedings incurred by him.