Commissioner of Police v Cooper

[1985] AFPDT 2

jq~s~] A~Pvr a

IN THE FEDERAL POLICE )

) No . 5 of 1984

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

INSPECTOR RAY DONALD COOPER

F I N D I N G S

•

MR K .P . DUGGAN Q .C ., MEMBER

7JANUARY 1985

ADELAIDE, S .A.

THE TRIBUNAL FINDS THAT :-

1 .Inspector Ray Donald Cooper is not guilty of the breach of discipline alleged in Charge No . AFP :32/8384, namely :-

•

That he, being a member of the Australian Federal Police, as a crown witness, he did make a decision not to call the

was guilty of a disciplinary offence specified in paragraph

18(1)(f) of the Australian Federal Police (Discipline) Regulations

namely that at Melbourne in t'he State of Victoria he did act

in a manner that was prejudicial to the good order and

discipline of the Australian Federal Police in that, in relation

to Committal Proceedings at Melbourne Magistrate ' s Court which

were held on 6 December 1982 against Larry James SPONG and

Robert NURI he_exceeded his authority as the Officer in Charge

of the Drug Unit in that, having been advised by the Deputy

2.

said witness, without consulting either Chief Superintendent

MORLEY the then Crime Co-ordinator or Chief Superintendent

MORRISON the then Officer in Charge, Southern Region.

2 .Inspector Ray Donald Cooper is not guilty of the breach of discipline alleged in Charge No . AFP :33/8384 namely :-

That, he being a member of the Australian Federal Police,

was guilty of a disciplinary offence specified in paragraph

18(1)(c) of the Australian Federal Police (Discipline)

Regulations, namely that at Melbourne in the State of

Victoria he was negligent in the discharge of his duties in

that, in relation to Committal Proceedings at Melbourne

Magistrates Court which were held on 6 December 1982 against

• Larry James SPONG and Robert NURI he did make a decision not to call an offender to wit Cheryl DAVIES as a crown witness contrary to the advice of the Deputy Crown Solicitor.

AND THE TRIBUNAL ORDERS THAT :-

1 .The Commonwealth of Australia pay to. Inspector Ray Donald Cooper the costs of these proceedings incurred by him.

•

K .P . Duggan Q .C.

MEMBER

IN THE FEDERAL POLICE )

No . 5 of 1984

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

INSPECTOR RAY DONALD COOPER

MR K .P . DUGGAN Q .C ., MEMBER

JANUARY 1985

ADELAIDE, S .A .

REASONS FOR FINDINGS

These proceedings came on for hearing before me in Melbourne

on 3 October 1984 . On that day Counsel for the Commissioner led

oral evidence from Mr James Edward Fuller and tendered some

documentary evidence . The hearing was then adjourned to the next day.

On 4 October 1984 Counsel for the Commissioner announced

•

that he did not propose to lead any further evidence and further

stated "there is no procedure as such for withdrawing charges and

we understand the consequences for not leading further evidence".

In these circumstances, having regard to the state of the

evidence at the time the only finding I could make was to dismiss

the charges and make an order for costs in favour of Inspector Cooper.

Accordingly, I made those orders orally on 4 October 1984.

K .P . Duggan Q .C.

MEMBER