Federal Court of Australia
JUDGMENT No. £. FEZ eul Ed, Gay
IN THE FEDERAL POLICE ) ) No. 6 of 1987
DISCIPLINARY TRIBUNAL )
COMMISSIONER OF POLICE
Against MICHAEL KEITH DUTHIE
THE MATTER of the
tonplatate (Australian
Federal Police) Act 1981.
DECISION TRIBUNAL: Mr. Justice Jenkinson, Deputy President DATE: 20 February, 1989
The Tribunal orders that the costs of these proceedings before it incurred by Senior Constable Michael Keith Duthie be paid by the
Commonwealth.
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.
20 February, 1989 MR. JUSTICE JENKINSON ~ Deputy President
REASONS FOR DECISION
Bach of Senior Constable Kevin Carey and _ Senior Constable Michael Keith Duthie was found not guilty by this Tribunal of the disciplinary offence of improper conduct in his official capacity as a member of the Australian Federal Police. The circumstances are disclosed in the reasons for the Tribunal's decisions in respect of those charges, which were heard together. Each of the members seeks, but the Commissioner opposes, an order
that the Commonwealth pay the costs of the proceedings before the
2.
Tribunal incurred by the member. The power to make such an order
is conferred on the Tribunal by Regulation 7 of the Complaints
(Australian Federal Police) Regulations. The power, which is
conditioned upon the Tribunal's finding the member of the Australian Federal Police not guilty of the breach of discipline
charged in proceedings under s.67 of the Complaints (Australian
Federal Police) Act 1981, is discretionary.
Mr. Lorkins opposed the award of costs for the reason that each member had given in answer to questioning by his superiors a different account of the events and circumstances out of which the charge arose to the account he gave in evidence before the Tribunal. It was not submitted that there had been deliberate untruthfulness by either member, but rather that each had failed when first questioned by his superiors to give a sufficiently accurate and comprehensive account of the
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