Commissioner of Police v Randall [1997] AFPDT 2

IN THE FEDERAL POLICE ) ) No. FPDT 4 of 1996

DISCIPLINARY TRIBUNAL )

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: CONSTABLE KEITH JOHN RANDALL

Respondent

IN THE FEDERAL POLICE ) ) No. FPDT 5 of 1996

DISCIPLINARY TRIBUNAL )

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: SERGEANT MICHAEL CRAN

Respondent

IN THE FEDERAL POLICE No. FPDT 6 of 1996

ee

DISCIPLINARY TRIBUNAL

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: CONSTABLE KEVIN JOHN DICKSON

Respondent

IN THE FEDERAL POLICE

Ne

No. FPDT 7 of 1996 DISCIPLINARY TRIBUNAL )

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: TINA PETERINA WESTRA

Respondent

2.

CORAM: M.L. FOSTER J (PRESIDENT) DATE: 7 FEBRUARY 1997 PLACE: SYDNEY

REASONS FOR DECISION (Extempore) HIS HONOUR: This is application for leave to withdraw certain disciplinary charges against members of the AFP made

pursuant to s11A of the Complaints Australian Federal

Police) Act 1981 (Cth) ("the Act").

Charges were laid against four federal agents in June and August 1996. The matters were reconsidered in the light of representations that were made and it was thought appropriate that other action be taken in respect of the

matters that were the subject of the disciplinary charges.

On the basis of what has been put to me on behalf of the Commissioner I propose to grant the leave sought under Ss 11A of the Act. I do so on the basis that what has been put before me satisfies me that the public interest in this matter has been properly addressed. That the persons who might well have suffered as a result of the alleged actions have had their interests properly attended to and that the public interest is further being addressed by what I have been told is a training program instituted as a result of this incident. I have also taken into account the fact that I have now been

asked to make by consent an appropriate order for costs to