Commissioner of Police v Cooper [1985] AFPDT 2

Commissioner of Police v Cooper [1985] AFPDT 2

After the Commissioner led oral and documentary evidence and then announced that no further evidence would be led, the Tribunal concluded that, having regard to the state of the evidence, the only available finding was to dismiss the charges and award costs to Inspector Cooper.

Jurisdiction
Australia
Judgment Date
07 January 1985
Procedural Posture
Federal Police Disciplinary Proceedings / Findings and Reasons After Hearing
Outcome
Inspector Ray Donald Cooper was found not guilty of both alleged breaches of discipline; the charges were dismissed and costs were ordered in his favour.
Legal Topics
['australian Federal Police Discipline' 'alleged Prejudicial Conduct' 'alleged Negligence in Discharge of Duties' 'costs']
['administrative Law' 'disciplinary Law'] ['australian Federal Police Discipline' 'alleged Prejudicial Conduct' 'alleged Negligence in Discharge of Duties' 'costs']

Case Brief

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Procedural Posture

Federal Police Disciplinary Proceedings / Findings and Reasons After Hearing

Legal Issues

  1. 1 ['Whether Inspector Ray Donald Cooper was guilty of a disciplinary offence under paragraph 18(1)(f) of the Australian Federal Police (Discipline) Regulations by acting in a manner prejudicial to the good order and discipline of the Australian Federal Police.' 'Whether Inspector Ray Donald Cooper was guilty of a disciplinary offence under paragraph 18(1)(€c) of the Australian Federal Police (Discipline) Regulations by being negligent in the discharge of his duties.' 'Whether, after the Commissioner led no further evidence, the charges should be dismissed.']

Ratio Decidendi

After the Commissioner led oral and documentary evidence and then announced that no further evidence would be led, the Tribunal concluded that, having regard to the state of the evidence, the only available finding was to dismiss the charges and award costs to Inspector Cooper.

Court Disposition

Inspector Ray Donald Cooper was found not guilty of both alleged breaches of discipline; the charges were dismissed and costs were ordered in his favour.

Orders

  • ['Inspector Ray Donald Cooper is not guilty of the breach of discipline alleged in Charge No. AFP:32/8384.' 'Inspector Ray Donald Cooper is not guilty of the breach of discipline alleged in Charge No. AFP:33/8384.' 'The Commonwealth of Australia pay to Inspector Ray Donald Cooper the costs of these proceedings...