Commissioner of Police v Cross [1996] AFPDT 1

JUDGMENT No. P|

IN THE FEDERAL POLICE ) ) No. FPDT 3 of 1996

DISCIPLINARY TRIBUNAL )

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: FEDERAL AGENT SIDNEY CROSS

Respondent CORAM: M.L. FOSTER J (PRESIDENT) DATE: 4 DECEMBER 1996 PLACE: BRISBANE REASONS FOR DECISION (Extempore) HIS HONOUR: Federal Agent Cross has been the subject of

three charges brought under the relevant Federal Police (Discipline) Regulations ("the Regulations"). The relevant regulations are set out in the charges. There is no need for

me to refer to them in any detail in these reasons.

The charges are three in number. In respect of the second and third charges, the particulars that are relied upon as constituting the breaches have been the subject of some amendment . In respect of the charges entitled WESC002, only the first and fourth particulars are now relied upon. In respect of the charges listed as WESC003, the first particular was abandoned at the outset of the proceedings. The second

has been abandoned during the course of the proceedings.

Ab

coosseonecs

2.

It has been correctly stated, in my opinion, that the core question for my decision in respect of all three of the alleged disciplinary offences is whether or not Federal Agent Cross was on 2 March 1995 under the influence of intoxicating liquor whilst he was performing his duties. I shall address that matter first, as, to a large extent, the decision in respect of individual charges must fall for

determination in relation to the decision that I make on that

core question.

It is convenient if I commence my considerations by referring to some preliminary matters, before coming to events which took place outside brewery premises at Yatala on the date in question. It is established to my satisfaction that on 2 March 1995, Federal Agent Sidney Cross, who was then described as a Detective Constable in the Australian Federal Police ("Constable Cross"), was performing duties in company with Federal Agent Pattle. Mr Pattle, then described as a Detective Sergeant in the Australian Federal Police ("Sergeant Pattle"), was senior to Constable Cross on the day and was to that extent in charge of the operations in which they were jointly involved. Those operations related to a particular investigation being conducted by the police, apparently in the Gold Coast area, and given the codenaine "Spitfire". Details of it are not important for the question