Commissioner of Police v Pyle

[1985] AFPDT 7

a.

,s ;;- z

198q i9iPDT 7

3t IN THE FEDERAL POLICE )

No . 2 of 1985

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

SENIOR CONSTABLE GRAEME ALLAN PYLE

IN THE MATTER of the Complaints

(Australian Federal Police) Act 1981

O R D E R

•

THE PRESIDENT	(KELLY J)
4 JUNE 1985

CANBERRA A .C .T.

THE TRIBUNAL ORDERS THAT in respect of Charge No. AFP:22/8485 more particularly described in the findings handed down this day there be imposed upon Senior Constable

Graeme Allan Pyle a fine equal to the salary payable to him for a period of three days at the rate payable this day .

IN THE FEDERAL POLICE )

No . 2 of 1985

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

SENIOR CONSTABLE GRAEME ALLAN PYLE

IN THE MATTER of the Complaints

(Australian Federal Police) Act 1981

F I N D I N G

THE PRESIDENT (KELLY J)

4 JUNE 1985

CANBERRA A .C .T.

THE TRIBUNAL FINDS THAT :-

Senior Constable Graeme Allan Pyle is guilty of the disciplinary offence alleged in Charge No . AFP:22/8485, namely,

That he, being a member of the Australian Federal Police, was guilty of a disciplinary offence specified in paragraph 18(1)(b) of the Australian Federal Police (Discipline) Regulations in that at Brisbane in the State of Queensland between 1 October 1983 and 31 January 1984, contrary to the provisions of paragraph 7 of General Order 17A he did release to Kenneth Allan Adam, information of a personal nature concerning an individual, namely, the residential address of Anna Louise Jones, such information having come into his possession by virtue of his being a member of the Australian Federal Police and the said release not being for the purpose of the carrying out of the lawful functions of the Australian Federal Police or to accord with the provisions of any law .

IN THE FEDERAL POLICE )

No . 2 of 1985

DISCIPLINARY TRIBUNAL )

THE COMMISSIONER OF POLICE

against

SENIOR CONSTABLE GRAEME ALLAN PYLE

IN THE MATTER of the Complaints

(Australian Federal Police) Act 1981

REASONS FOR FINDING AND PENALTY :	KELLY J - President
4 JUNE1985

Paragraph (b) of Regulation 18(1) of the Australian Federal Police (Discipline) Regulations (the Regulations) provides that a member is guilty of a disciplinary offence and is subject to punishment in accordance with the Regulations if he contravenes or fails to comply with a General Order or a General Instruction

issued under s .14 of the Australian Federal Police Act 1979

(the Act) .

On 26 February 1985 the Commissioner of Police

instituted proceedings against Senior Constable Graeme Allan

Pyle, a member of the Australian Federal Police, charging that he had. been guilty of a disciplinary offence specified

in paragraph 18(1)(b) of the Regulations in that in

contravention of paragraph 7 of General Order 17A issued under s.14 of the Act he had at Brisbane between 1 October 1983 and 31 January 1984 released to Kenneth Allan Adam

information which was of a personal nature concerning an

individual and which had come into his possession by virtue

of his being a member of the Australian Federal Police . The charge alleged that the release of the information, the residential address of Anna Louise Jones, was not for the purpose of carrying out of the lawful functions of the

Australian Federal Police or to accord with the provisions

of any law .

The notification of institution of proceedings was

served on Senior Constable Pyle on 1 March 1985 . It allowed

him 21 days to deliver to the Commissioner any written

statement he wished . On 26 March 1985 the notification was

filed in the Canberra Registry of the Tribunal .

-2-

When the matter came before me on 13 May 1985

Senior Constable Pyle, who appeared by Mr Carberry,

Solicitor, acknowledged the truth of the allegation.

Anna Louise Jones was formerly the wife of Kenneth

Allan Adam . They were divorced on 5 March 1984 . As appears

from a statement she made on 23 February 1984, i .e . before

the divorce, she had changed her address a number of times and had changed her name to its present form . Mr Adam told her that he knew all the addresses at which she had lived

and nominated them correctly . He said that a Federal Policeman was his contact although he did not give her the

contact's name.

,Ms Jones told officers of the Internal Investigation Division investigating her complaint that she was fearful of her husband who had threatened her in the past and made trouble when he saw her . She alleged that he

had a criminal record for offences of violence . Some time

before Christmas 1983 her son, Ricky Adam, who was aged 16

when interviewed on 30 May 1984, was staying with his father on Bishop Island . His father told him that he knew someone called Graeme Pyle, a Commonwealth Police Officer, and

•

intended to ring him up to get information about Ms Jones'

changes of address . In a record of interview Ricky Adam said that on one occasion when his father was away from his home he, Ricky, received a telephone call . The caller did

not identify himself but simply asked to speak to Kenny Adam . Ricky Adam was told by another person living on the island, the owner of a canteen there, that the caller was

A

-3-

Graeme Pyle. Senior Constable Pyle denies that he ever made

such a call as that to which Ricky Adam refers and I am not satisfied in the circumstances that Senior Constable Pyle was the caller.

Ricky Adam was present when his father called upon

his mother at an address at Albert Street, Margate . He was

asked by Detective Inspector Allan John Dau of the Internal Investigation Division whether his father had caused trouble on that occasion and he said that he had not.

Following upon his identification as the Australian Federal Police officer who had communicated Ms Jones' address to Mr Adam, Senior Constable Pyle was

interviewed by Detective Inspector Dau and Detective

Acting Sergeant Eriksen . Inspector Dau told Senior

Constable Pyle that he was investigating a complaint made by

a Mrs Anna Jones, formerly Marlene Dianne Adam, that he had supplied personal information about her to her former husband . Earlier a direction had been given him under

s .7(5) of the Complaints (Australian Federal Police) Act 1981 (the Complaints Act) . As a result of that direction

Senior Constable Pyle prepared a report.

He agreed that he knew Mr Adam and had known him

for a number of years, having made contact with him through.

their common interest in fishing (Mr Adam is a professional fisherman) . He knew nothing about the relationship between

Adam and the complainant but, having never met the

complainant., he assumed that they were divorced . Mr Adam

had asked him to find out where his wife was because, as he

-4-

said, he needed her signature regarding the lease of a prawn trawler . He told Senior Constable Pyle that he and his wife

owned land at Waterford and the land was to be a guarantee

for the leasing.

Mr Adam had asked him to get the information about

the complainant "out of the blue" . Senior Constable Pyle

decided to help him out as a favour because of their past

relationship, a relationship which had been interrupted for a number of years . He helped Mr Adam he said "strictly as a favour" . No consideration of any kind was offered him for

the favour he was asked to do Mr Adam.

Thereafter Senior Constable Pyle asked Detective Senior Constable Brown of the Australian Federal Police to make inquiries of the Department of Social Security . He did not give Brown the reason for the request . He obtained from Brown two addresses, one at Margate, the other at

Coorparoo . He passed the information on to Mr Adam who

expressed gratitude for it.

When interviewed Senior Constable Pyle was completely frank and did not attempt to excuse what he had done . He appreciated that it was an offence against s .7 of

General Order 17A to release information of a personal

nature as he had done except in the course of his duty.

Senior Constable Pyle began to work for the Commonwealth as a telegram boy in 1955 . He joined the Commonwealth Police on 25 August 1964 and his appointment in

that Force was confirmed on 20 July 1965 . He was promoted

to the rank of First Constable on 21 October 1969 and to the

-5-

rank of Senior Constable on 29 September 1977 . He has attended a number of courses and is in receipt of continuing higher duty allowance for continuously acting in the rank of

Sergeant. When assessed in November 1984 he was said to be

of "a good standard" . A letter of appreciation for his services in the apprehension of a Taiwanese fishing vessel on 30 January 1981 has been received from a senior investigating officer of the Department of Primary Industry.

Senior Constable Pyle is married and has four children, the eldest of whom is also a policeman, a member of the Queensland Police Force . Two testimonials in his favour were tendered, one from a Detective Inspector of the

Queensland Police Force, the other from a Justice of the

Peace . Both speak highly of him and I have no reason to doubt the opinions expressed.

I indicated during the course of the hearing that I did not think that the circumstances of the offence were such as to require that Senior Constable Pyle be dismissed from the Australian Federal Police or reduced in rank.

Nevertheless, the offence is a serious one.

Members of the Australian Federal Police are in a

particularly strong position to obtain information

concerning the private affairs of citizens. Such information is held by many Departments . It is gratifying

to note that the Department of Social Security has tightened

up its procedures for making available information concerning those affairs which it possesses so that a repetition of such an offence as that to which Senior

Constable Pyle has pleaded guilty is now far less likely.

He was aware that what he was doing was wrong even though he

did it for what seemed then to him to be a good reason, his

desire to help a friend whom he described as a "battler".

It was submitted that I should deal with the offence by administering a reprimand but I think the offence too serious for that .I take into -account Senior Constable Pyle's very long and good record . I have in mind the

deterrent aspects of any penalty I impose . Officers of the

Australian Federal Police must be discouraged from breaching

s .7 of General Order 17A, an order which was made, it would seem for very good reason, at the instance of the Minister of State for Administrative Services.

I think the proper penalty to impose in all the

circumstances is a fine of three days' salary.

I certify that this and the(s) preceding pages are a true co py of the Reasons for Judgmont herein of his Honour

Mr . Justice

Datedt L,L ,J J / f y' ,