Commissioner of Police v Gallaher [1990] AFPDT 1

190) AF PDT 4

E_ FEDERAL POLICE DIS€IPLINARY TRIBUNAL

No. 3 of 1989 COMMISSIONER OF POLICE against SERGEANT PATRICK JOHN GALLAHER 17 January 1990 MR_B.R. MAGUIRE, Q.C.,

Member

REASONS FOR DECISION

The respondent, Sergeant Patrick John Gallaher comes before the Tribunal to answer a number of allegations brought against him by the Commissioner. They all relate to events of 7 March 1988, some of them at the Goulburn Street premises of the AFP and some of them at the Waverley Station of the New South Wales Police. All of the allegations relate to events that occurred in the late afternoon. Before I come to the allegations themselves, it is necessary to reflect upon some of the events that occurred earlier that day because they provide a background to the allegations and without a consideration of the earlier events it is not realistic to apply one's mind to what happened later in the day. The respondent and other sergeants in the AFP were concerned on 7 March about an impending change in the working conditions of at least some of them. The respondent had a particular concern as he was an office bearer in the New South

Wales branch of the Australian Federal Police Association.

For the purpose of discussing the Association's affairs in that respect and preparing a course of industrial action to be held in the future, the respondent and three other sergeants decided to have lunch together at a restaurant in the city. Evidence has been given about that lunch and evidence has been given by each of the participants in the lunch. None of it is directly relevant to the allegations against the respondent. However, it provides a background to the events later in the day. Each of the other participants in the lunch was brought before the Tribunal to answer a variety of allegations. By consent of all parties the hearing has been a joint one and each of the other respondent's cases has concluded prior to today and has been disposed of. It should be borne in mind that no allegation is made against Sergeant Gallaher either in respect of his attending the lunch away from his workplace or in respect of the mere fact of his having consumed alcohol at that lunch. After the lunch Sergeant Gallaher went to the Goulburn Street premises occupied by the AFP and spent some time in pursuit of the