Federal Court of Australia
(la89| AFPDT 7
/ IN THE FEDERAL POLICE ) , ) No. 13 of 1989 DISCIPLINARY TRIBUNAL ) No. 14 of 1989 f i: ! ? ae BETWEEN: STEPHEN GERARD PASFIELD Appellant AND: THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Respondent BETWEEN: WILLIAM ANTHONY ELDER Appellant AND: THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE Respondent ORDER THE PRESIDENT (KELLY J) 1 DECEMBER 1989 CANBERRA, ACT THE TRIBUNAL ORDERS:- 1é That the appeal from the decision of the respondent
Commissioner dated 6 October 1989 whereby he dismissed the appellants be dismissed.
2'3 That the dismissals take effect from this day.
IN THE FEDERAL POLICE
DISCIPLINARY TRIBUNAL
BETWEEN:
AND:
BETWEEN:
AND:
REASONS FOR DECISION
1_ DECEMBER 1989
) No. 13 of 1989 ) No. 14 of 1989
STEPHEN GERARD PASFIELD
Appellant
THE COMMISSIONER OF THE AUSTRALIAN
FEDERAL POLICE
Respondent
WILLIAM ANTHONY ELDER Appellant
THE COMMISSIONER OF THE AUSTRALIAN FEDERAL POLICE
Respondent
KELLY J. (President)
These are appeals under s.68 of the Complaints (Australian Federal Police) Act 1981 ("the Act") against penalties imposed upon the appellants by the respondent Commissioner in respect of a disciplinary offence of which each had been found guilty by Mr BR Maguire QC, a member of the Tribunal. Each had been charged with a disciplinary offence specified in paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations, namely that he had been guilty of disgraceful conduct in his official capacity. It was alleged against Constable Pasfield that on 17 July 1988 in proceedings before the Canberra Children's Court he knowingly gave false evidence while under oath, namely that in answer to the question, "Do you recall seeing blood coming from my client's nose?" he replied, "No sir, I do not believe it was bleeding", in answer to the question, "Do you recall any time on that night seeing blood coming from my client's nose?" he replied, "No sir", in answer to the question, "I suggest to you at that stage he had a bloody nose" he replied, "No, the only blood I saw was that of Constable Anderson", in answer to the question, "So you deny he had a bloody nose, do you?" he replied, "Yes sir", and finally that in answer to the question, "I suggest to you he had a cut or graze on his forehead at that stage" he replied, "He might have had that, but he definitely did not
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