Commissioner of Police v Duthie [1989] AFPDT 2

Commissioner of Police v Duthie [1989] AFPDT 2

Because each member had been found not guilty and the evidence about the investigation did not establish that either member had conducted himself so as to merit denial of costs, the Tribunal ordered that the costs of the proceedings before it incurred by each member be paid by the Commonwealth.

Jurisdiction
Australia
Judgment Date
20 February 1989
Procedural Posture
Disciplinary Proceedings Under the Complaints (australian Federal Police) Act 1981 / Decision on Costs After Findings of Not Guilty
Outcome
Costs ordered in favour of the members charged.
Legal Topics
['australian Federal Police Disciplinary Proceedings' 'costs Following Acquittal' 'discretion Under Regulation 7']
['administrative Law' 'police Discipline' 'costs'] ['australian Federal Police Disciplinary Proceedings' 'costs Following Acquittal' 'discretion Under Regulation 7']

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Procedural Posture

Disciplinary Proceedings Under the Complaints (australian Federal Police) Act 1981 / Decision on Costs After Findings of Not Guilty

Legal Issues

  1. 1 ['Whether the Tribunal should order that the Commonwealth pay the costs incurred by Senior Constable Kevin Carey and Senior Constable Michael Keith Duthie in proceedings before the Tribunal after each was found not guilty of improper conduct.' 'Whether differing accounts given by each member during questioning by superiors justified refusing costs.']

Ratio Decidendi

Because each member had been found not guilty and the evidence about the investigation did not establish that either member had conducted himself so as to merit denial of costs, the Tribunal ordered that the costs of the proceedings before it incurred by each member be paid by the Commonwealth.

Court Disposition

Costs ordered in favour of the members charged.

Orders

  • ['The costs of the proceedings before the Tribunal incurred by Senior Constable Kevin Carey be paid by the Commonwealth.' 'The costs of the proceedings before the Tribunal incurred by Senior Constable Michael Keith Duthie be paid by the Commonwealth.']