Federal Court of Australia
F383
IN THE FEDERAL POLICE No. 7 of 1988
DISCIPLINARY TRIBUNAL
COMMISSIONER OF POLICE
Against CHRISTOPHER JOHN CURRAN
. IN. THE MATTER of the Complaints (Australian Federal Police) Act 1981.
27 July, 1989 MR. JUSTICE JENKINSON -— Deputy President
REASONS FOR DECISION
On 24 April 1989 the Tribunal ordered the adjournment until a date to be fixed of proceedings instituted by the Commissioner against Sergeant Christopher John Curran in respect of 5 disciplinary offences alleged to have been committed by Sergeant Curran. On that date my reasons for taking that course were summarily stated and are recorded on pages 53 and 54 of the transcript of that day's hearing. I then indicated that I would later give further reasons for the order of adjournment, and deal
with a submission that day made by Mr. Howard of counsel for Sergeant Curran that the Tribunal should entertain and determine
an application for an order that the proceedings instituted by the
Commissioner be stayed as an abuse of process.
I was informed by Mr. Howard that the disciplinary
23)
2.
charges had their origin in an encounter between Sergeant Curran and members of the Victorian Police Force on 5 September 1987. Mr. Howard's instructions were that Sergeant Curran and another member of the Australian Federal Police were in a motor vehicle on a public highway in Melbourne when the vehicle was stopped by Victorian police, that the two Australian Federal Police members then went to the Kew Police Station and that Sergeant Curran was charged with 5 offences against Victorian law, which may be colloquially described as assault, resisting police (2 charges), refusing to take a breath test and exceeding the speed limit. on 28 October 1987 Sergeant Curran pleaded guilty to each of the latter two charges and to one of the charges of resisting police before the Magistrates' Court at Prahran, by which he was thereupon convicted and sentenced on those three charges. The other two charges were withdrawn. In respect of each of those
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