Federal Court of Australia
IN THE FEDERAL POLICE DISCIPLINARY TRIBUNAL
TRIBUNAL:
DATE:
[1990] AFPDT 4
No FPDT 6 of 1990 No FPDT 7 of 1990 No FPDT 8 of 1990
COMMISSIONER OF POLICE and
CONSTABLE GLEN ROSEVEAR
COMMISSIONER OF POLICE
and
CONSTABLE GARY BERNARD HUNT
COMMISSIONER OF POLICE and
CONSTABLE RONALD JOHN MCFADYEN
REASONS FOR DECISION
Mr B.R. Maguire, Q.C.,
Member
31 July 1990
The case for decision involves allegations brought by the Commissioner of Police against each of Constables Rosevear, Hunt and McFadyen in respect of certain incidents that occurred on the morning of 5 December 1988. Each of the respondents appears to answer a series of nine allegations, the same nine allegations being preferred against each of them. It is, of course, important to remember that each case must be looked at separately and I will come to do that in due course. However, it is convenient and I hope helpful to commence my reasons for decision by giving a sketch of the events as they unfolded on the night in question. I will then turn my attention to the allegations against each member
separately.
On the night in question two parties of men were drinking at various places in Canberra. The first party included a man whom I have not seen named Sandheim, who was employed ina Managerial position at the Hyatt Hotel and three of his subordinates whom I have' seen. Each of those gentleman, namely Messrs Pauline, Whitford and Fielding was quite youthful at the time and about 10 years or so junior to the
supervisor, Mr Sandheim.
They had all been at an end of year party at the Hyatt Hotel, the theme of which was "Beach". That I gather involved each
of them in being dressed as though the occasion were being
held at the beach. They left the party at about midnight, not all of them together at that stage; but there came a time early on the following morning when all four of them were outside an establishment in Manuka called Rudes. There the three younger men were offered a lift to the city by Mr Sandheim for the purpose of enabling the four of them to
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