Federal Court of Australia
e397
IN THE FEDERAL POLICE FPDT 3 of 1997
DISCIPLINARY TRIBUNAL
TRIBUNAL
DATE
PLACE
COMMISSIONER OF POLICE Vv.
FEDERAL AGENT D. MACCAUL
SPECIAL MAGISTRATE J.J.DAINER AM, RFD, MEMBER.
2nd OCTOBER 1997.
CANBERRA, ACT.
FINDINGS.
On Charge AFP:WEDMOO1, alleging that Federal
Agent D. Maccault committed the disciplinary offence of acting in a manner unbecoming an AFP appointee, contrary to Regulation 18(1)(e) of the Australian Federal Police (Discipline) Regulations, the Tribunal finds him GUILTY, and, under Section 67(3){b) af the Complaints (Australian Federal Police) Act 1981, remits the proceedings to the Commissioner for the imposition of a penalty.
On Charge AFP: SMWDMOO2, alleging that Federal Agent D. Maccaul committed the disciplinary offence of improper conduct, contrary to Regulation 18(1)(d) of the Australian Federal Police (Discipline) Regulations, the Tribunal finds him NOT GUILTY.
On Charge AFP: SMWDMOO3, alleging that Federal Agent D. Maccaul committed the disciplinary offence of acting in a manner that brings, or is likely to bring, discredit to the AFP, contrary to Regulation 18(t)(g) of the Australian Federal Police (Discipline) Regul- ations, the Tribunal finds him NOT GUILTY.
Meni foveal
J.J.DAINER, MEMBER.
IN THE FEDERAL POLICE FPDT 3 of 1997 DISCIPLINARY TRIBUNAL COMMISSIONER OF POLICE Vv.
FEDERAL AGENT 0D. MACCAUL
TRIBUNAL : SPECIAL MAGISTRATE J3.J.DAINER AM, RFD, MEMBER
DATE : 2nd OCTOBER 1997.
PLACE : CANBERRA, A.C.T.
REASONS FOR DECISION
Federal Agent David Maccaul (the defendant) was charged with
three offences. All three were preferred under Regulation 18 of the Australian Federal Police (Discipline) Regulations. The basis for the charges consisted of
statements in certain parts of a letter which the defendant sent to the Commissioner of the Australian Federal Police (AFP) under date of Y1th June 1996. It was broadly alleged in each of the charges that the defendant had sought "to inappropriately influence" the Commissioner to reconsider an earlier decision by him not to apply the provisions of Section 26E of the Australian Federal Police Act and terminate the defendant's appointment.
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