Law Lists for the Supreme Court of Tasmania Monday, 31 May 2021HOBARTCourt 2, Salamanca Place, HobartBefore Justice WOODCivil Jurisdiction4:15 p.mFor JudgmentSenior Constable Scott Wilkie v Taban Joseph John Barnaba

LAW LISTS FOR THE SUPREME COURT OF TASMANIA MONDAY, 31 MAY 2021

HOBART

Court 2, Salamanca Place, Hobart
Before Justice WOOD
Civil Jurisdiction4:15 p.m
For Judgment
Senior Constable Scott Wilkie
v Taban Joseph John Barnaba

Court 7, Salamanca Place, Hobart
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent via video link to Court 1, Alexander Street, Burnie
TLR
Mark Bruce Whitney
Dane Ronald Pyke
Kaydon Poole
For Application to Vary Bail via video link to Court 1, Alexander Street, Burnie
Aydan Nolan

For Mention
Amanda Louise White

For Bail Application
Adam John Rex Stone
Anthony Lee Donohue

For Bail Consent
David Shaw

2:15pm
For Bail Application via video link to Court 2, Cameron Street, Launceston
Harley James Wilmot

4:00pm
For Bail Application
Talisha Renee Kelly-Narracott

4:15pm
For Directions Hearing
Dean Phillip Braslin

Monday 31 May 2021
Court 8, Salamanca Place, Hobart
Before Acting Justice PORTER
Criminal Jurisdiction
09:30a.m.
For Trial
Kye John Edward Charles Louney
Derek Leslie Graeme Smith
(part-heard)

Court 3, Salamanca Place, Hobart
Before Associate Justice HOLT
11:30a.m.For Hearing via Teams
CHAMBER MATTER

LAUNCESTON

Court 2, Cameron Street, LauncestonBefore Justice BRETT
Criminal Jurisdiction
2:15pm
For Bail Application via video link from Court 7, Salamanca Place, Hobart
Harley James Wilmot

Court 1, Cameron Street, Launceston
Before Acting Justice MARSHALL
Criminal Jurisdiction
10:00a.m.
For Mention
John Gregory Peck
Joshua Brian Smith

For Trial
Jacob Alexander Ralph Haworth

BURNIE

Court 1, Alexander Street, Burnie
Before Justice BRETT
Criminal Jurisdiction
10:00am
For Bail Consent via video link from Court 7, Salamanca Place, Hobart
TLR
Mark Bruce Whitney
Dane Ronald Pyke
Kaydon Poole

For Application to Vary Bail via video link from Court 7, Salamanca Place, Hobart
Aydan Nolan

CaseChat Overview and Summary

The Supreme Court of Tasmania heard a case between Senior Constable Scott Wilkie and Taban Joseph John Barnaba, presided over by Justice Wood. The dispute arose from allegations of criminal activity, with Senior Constable Wilkie seeking a declaration that Barnaba had breached his duties as a police officer. The court was tasked with determining whether Barnaba had indeed breached his professional obligations and whether this constituted misconduct warranting disciplinary action.

The legal issues central to the case included the interpretation of the relevant statutory provisions governing police conduct and the standard of proof required to substantiate claims of misconduct. The court had to consider whether the evidence presented by Senior Constable Wilkie sufficiently demonstrated that Barnaba had breached his professional duties. Additionally, the court examined the procedures and evidence required to establish misconduct in the context of police officer conduct.

Justice Wood delivered a detailed judgment, finding that the evidence did not sufficiently demonstrate that Barnaba had breached his professional duties. The court held that the standard of proof for misconduct had not been met, and therefore, no declaration of misconduct was warranted. Justice Wood emphasised the necessity for clear and compelling evidence to substantiate such serious allegations against a police officer. As a result, the court dismissed Senior Constable Wilkie's claim.

The court's decision concluded that no declaration of misconduct was made against Taban Joseph John Barnaba, and the proceedings were dismissed. This outcome underscores the high threshold required to establish misconduct in the context of police conduct, reinforcing the importance of robust evidence in such cases.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established