Commissioner for Police v Palmer [1991] AFPDT 2

[aa] AFPDT 2

IN THE FEDERAL POLICE DISCIPLINARY TRIBUNAL

No. 1 of 1991

COMMISSIONER OF POLICE

and

CONSTABLE PAUL EDWARD PALMER

REASONS FOR DECISION

TRIBUNAL: Mr Maguire, Q.C.,

Member PLACE : Sydney DATE : 19 April 1991

The respondent, Constable Paul Edward Palmer, comes before the tribunal on one allegation, that as a member of the Australian Federal Police he was guilty of a disciplinary offence, namely, disgraceful conduct, in that on 7 November without lawful excuse he is alleged to have disclosed to one Gallaher that a telephone at the Enfield Boulevarde Hotel had been intercepted by the Australian Federal Police. The facts alleged would if proved constitute a breach of regulation 18

of the Australian Federal Police discipline regulations.

The facts of the case are not in serious dispute for the most part. The evidence discloses that Operation Silage in respect of a major importation of cocaine from abroad commenced on 29 October 1990. Prior to that the police had received some intelligence which suggested that they could

expect an importation of cocaine hidden inside industrial

2s wheels. On the date mentioned such a consignment of grinding wheels arrived in Sydney and came to the attention of customs

officers who alerted the Australian Federal Police.

Indeed cocaine was found secreted within the grinding wheels which had apparently been hollowed out for that purpose and restored to look whole after the introduction of the cocaine. Police quite properly removed the greater part of the cocaine leaving in one or more of the wheels in the two cartons in which they were contained a quantity of cocaine that amounted to something in excess of the trafficable quantity prescribed by the law. The wheels in question were then either replaced with substitute wheels or were reconstituted so as to appear as though they had not been