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 3. cover the situation of the federal agents against whom these proceedings have been discontinued. In all those circumstances I grant leave to the Commissioner to withdraw the proceedings against each of the federal agents pursuant to s 11A of the Act. I further order that the Commissioner pay the reasonable costs of each of the federal agents the subject of these charges and I grant liberty to apply to the Tribunal should the amount of those costs not become the subject of agreement between the parties. I certify that this and the preceding two (2) pages are a true copy of the Reasons for Decision herein of his Honour Mr Justice M. L. Foster, President of the Federal Police Disciplinary Tribuna Associate: ~ Wi