Rosevear v Commissioner of Police [1990] AFPDT 5

| |

[1990] AFPDT &

i IN THE FEDERAL POLICE )

) DISCIPLINARY TRIBUNAL )

THE PRESIDENT

No. FPDT 13 of 1990

BETWEEN: CONSTABLE JOHN ROSEVEAR Appellant AND: COMMISSIONER FOR POLICE Respondent ORDER (FOSTER J)

18 DECEMBER 1990

SYDNEY

THE TRIBUNAL ORDERS:

That the appeal from the decision of the Commissioner given on 6 September 1990 whereby he dismissed the appellant from the Australian Federal Police as and from 12 October 1990 be allowed.

That the said penalty of dismissal be set aside.

That in substitution therefor the appellant suffer a reduction in annual rate of salary to the amount of the annual rate of salary appropriate for a second year constable.

That there be no order as to costs of this appeal.

IN THE FEDERAL POLICE )

) No. FPDT 13 of 1990 DISCIPLINARY TRIBUNAL )

BETWEEN: CONSTABLE JOHN ROSEVEAR Appellant AND: COMMISSIONER FOR POLICE

Respondent

REASONS FOR DECISION

FOSTER J (PRESIDENT): These Proceedings are an appeal by Constable Glen Rosevear to this Tribunal pursuant to s 68 (1)(b) of the Complaints (Australian Federal Police) Act 1981 ("the Act"), The appellant seeks, pursuant to s 68 (5)(b), that a penalty imposed upon him by the Commissioner of Police in respect of certain beaches of discipline be set aside and that a lesser penalty be substituted. 'The penalty was imposed consequent upon adverse findings made by Mr B.R. McGuire QC, a Tribunal member, in an inquiry under s 67 of the Act, to which

I shall make reference later.

At about 4.00am on the morning of 5 December 1988, the appellant and another police officer were engaged in an unseemly altercation with four civilians in East Row Canberra and also on the ramp leading to the loading dock underneath the Hyatt Hotel. A third police officer was with the appellant, but allegations against him were dismissed. The

appellant was, as were the other constables, off duty. He had