Commissioner of Police v Nicholson [1989] AFPDT 4

[asqJArPDT 4

IN THE FEDERAL POLICE Sy) ) No. 6 of 1988 DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE against

SENIOR CONSTABLE DAVID ALEXANDER NICHOLSON

IN THE MATTER of the Complaints (Australian Federal Police) Act 1981

FINDINGS

THE PRESIDENT (KELLY J) 19 JANUARY 1989

CANBERRA _A.C.T.

THE TRIBUNAL FINDS THAT:-

Senior Constable David Alexander NICHOLSON is guilty of the disciplinary offence alleged in Charge No. AFP:9/8889, namely:-

That, contrary to the provisions of paragraph 1(g) of Regulation 18 of the Australian Federal Police (Discipline) Regulations, he acted in a manner that was likely to bring discredit to the reputation of the Australian Federal Police in that he, on 14 August 1987, at the Subway Disco, Canberra, without reasonable grounds, said to Harry Mkandawire words to the effect of "I am a policeman and you are under arrest" and then physically removed him from the premises.

IN THE FEDERAL POLICE .) ) No. 6 of 1988

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

SENIOR CONSTABLE DAVID ALEXANDER NICHOLSON

IN THE MATTER of the Complaints (Australian Federal Police) Act 1981

REASONS FOR DECISION KELLY J

19 JANUARY 1989

By notice dated 21 September 1988 Deputy Commissioner J.C. Johnson of the Australian Federal Police, acting to give effect to a proposal put to him by the Ombudsman, instituted proceedings against Senior Constable David Alexander Nicholson (Constable Nicholson) charging that he had been guilty of a disciplinary offence specified in paragraph 18(1)(g) of the Australian Federal Police (Discipline) Regulations (the Regulations).

Regulation 18(1)(g) provides that a member is guilty of a disciplinary offence and is subject to punishment in accordance with the Regulations if he or she acts in a manner that brings, or is likely to bring, discredit to the reputation of the Australian Federal Police.