Commissioner of Police v Randall

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

DISCIPLINARY TRIBUNAL )

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: CONSTABLE KEVIN JOHN DICKSON

Respondent

IN THE FEDERAL POLICE )

)	No. FPDT 7 of 1996

DISCIPLINARY TRIBUNAL

)

BETWEEN: COMMISSIONER OF POLICE

Applicant

AND: TINA PETERINA WESTRA

Respondent

2 .

C O W :

M . L .

FOSTER J

(PRESIDENT)

DATE :	7 FEBRUARY 1997
PLACE :	SYDNEY

REASONS FOR DECISION

(Extempore)

H I S HONOUR: This is application for leave to withdraw

certain disciplinary charges against members of the AFP made pursuant to s 11A of the Complaints (Australian Federal Police) Act 1981 (Cth) ("the Acttt).

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 s 11A of the A. &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

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 A A . 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:

CaseChat Overview and Summary

The Federal Police Disciplinary Tribunal was presented with applications by the Commissioner of Police to withdraw disciplinary charges against four members of the Australian Federal Police (AFP): Constable Keith John Randall, Sergeant Michael Cran, Constable Kevin John Dickson, and Tina Peterina Westra. The charges were laid in June and August 1996. The Tribunal was tasked with determining whether to grant leave for the withdrawal of these charges under section 11A of the Complaints (Australian Federal Police) Act 1981 (Cth).

The central legal issue before the Tribunal was whether the Commissioner’s application to withdraw the charges against the four AFP members should be granted, considering the public interest and the interests of those potentially affected by the alleged actions. The Tribunal had to evaluate the representations made by the Commissioner and decide if these adequately addressed the public interest and protected the interests of the individuals involved. Furthermore, the Tribunal needed to consider whether the proposed alternative measures, such as a training program, were sufficient to address the concerns raised by the incident.

The Tribunal, presided over by Mr Justice M. L. Foster, granted the Commissioner’s application to withdraw the disciplinary charges. The decision was based on the assurance that the public interest had been properly considered, the interests of the affected parties had been adequately attended to, and a training program was being instituted as a corrective measure. The Tribunal also noted that an appropriate order for costs would be made by consent to cover the reasonable costs of the federal agents against whom the proceedings were discontinued. Consequently, the Tribunal ordered that the Commissioner pay the reasonable costs of each federal agent and granted liberty to apply to the Tribunal should the amount of those costs not be agreed upon between the parties.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established