Federal Court of Australia
[i990] AEPDT 3
IN THE FEDERAL POLICE ) ) No. 11 of 1989
DISCIPLINARY TRIBUNAL ) BETWEEN: COMMISSIONER OF POLICE AND: BRIAN RONALD DAVIS / REASONS FOR FINDING KELLY J. (President)
1 JUNE 1990
IN THE FEDERAL POLICE )
) No. 11 of 1989 DISCIPLINARY TRIBUNAL ) BETWEEN: COMMISSIONER OF POLICE AND: BRIAN RONALD DAVIS ORDER THE PRESIDENT (KELLY J)
1_ JUNE 1990
CANBERRA, ACT
THE TRIBUNAL FINDS:-
1.
Brian Ronald Davis, a member of the Australian Federal Police, guilty of a disciplinary offence specified in paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations, namely, disgraceful conduct otherwise than in his official capacity, in that on 1 July 1989 at Belconnen in the Australian Capital Territory, he assaulted Constable Blizabeth Quade.
By Notice dated a September 1989 the Deputy Commissioner (Administration) of the Australian Federal Police instituted proceedings against the respondent, Constable Brian Ronald Davis, alleging that he had committed a disciplinary offence specified in regulation 18(1)(d) of the Australian Federal Police (Discipline) Regulations (the regulations). It was alleged against Constable Davis that he had engaged in disgraceful conduct otherwise than in his official capacity in that on 1 July 1989 he assaulted Constable Blizabeth Quade at Belconnen. Within the prescribed time, Constable Davis notified the Commissioner that he did not admit the truth of the disciplinary offence alleged and requested that the matter be dealt with by the Tribunal.
The matter was investigated by Detective Superintendent Gary Ian Griffiths of the Internal Investigation Division of the Australian Federal Police. At 1.45pm on 1 July 1989, Superintendent Griffiths began an interview with Constable Quade, an interview which was recorded. A transcript of the interview was tendered and _ became Exhibit "C". In due course she verified it on oath before me, as did all the witnesses who made statements. to Superintendent Griffiths and who appeared before me.
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