Federal Court of Australia
IN THE FEDERAL POLICE ) ) No. FPDT 1 of 1994 "DISCIPLINARY TRIBUNAL)
BETWEEN: COMMISSIONER OF POLICE
Applicant
AND: SERGEANT ALAN FRANCES BARBOUR
Respondent
RD R
M.L. FOSTER J (PRESIDENT) 16 SEPTEMBER 1994 CANBERRA
THE TRIBUNAL QORDE THAT: (1) A finding of guilt be entered in respect of Proceedings ABMJ004; (2) Proceedings ABMJ001 be dismissed; (3) Proceedings ABMJ002 be dismissed;
(4) Proceedings ABMJ003 be dismissed;
(5) The Commissioner pay the costs of Proceedings ABMJ001, ABMJ002 and ABMJ003;
(6) Sergeant Alan Frances Barbour pay the- costs of Proceedings ABMJ004;
(7) An admonishment be administered in respect of Proceedings ABMJ004.
IN THE FEDERAL POLICE )
) No. FPDT 1 of 1994 DISCIPLINARY TRIBUNAL ) BETWEEN: COMMISSIONER OF POLICE Applicant AND: SERGEANT ALAN FRANCIS BARBOUR Respondent CORAM: M.L. FOSTER J (PRESIDENT) DATE: 16 SEPTEMBER 1994 PLACE: CANBERRA REASONS FOR DECISION _ (Extempore) HIS HONOUR: In these proceedings it is alleged on behalf of
the Commissioner of the Australian Federal Police that Sergeant Alan Francis Barbour has committed certain disciplinary offences, specified in regulations 18(1)(d) and 18(1)(g) of the Australian Federal Police Discipline Regulations. the precise nature of which I shall refer to
hereafter.
It is first necessary to set out some facts by way of background. The alleged offences relate to events said to have occurred late in the evening of 2 January 1993, during the period of the annual festival in Canberra known colloquially as 'the Summernats. On that evening, what has
been described as the highlight of the festival was held,
2. namely, a parade of motor vehicles modified in various ways by enthusiastic owners. In this parade it was intended that they be exhibited to spectators by being driven in close convoy, under police supervision, from the National Exhibition Centre, NATEX, at the northern end of Canberra, down Northbourne Avenue in a southerly direction to the city and thereafter, in a northerly direction on the opposite side of Northbourne
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