Commissioner of Police v Duthie [1988] AFPDT 2

Commissioner of Police v Duthie [1988] AFPDT 2

The Tribunal was not able to conclude that either member's conduct was improper within Regulation 18(1)(d), given their accepted beliefs about preserving informant cooperation, the absence of instruction or training about when police may suffer an offence in informant dealings, the need for a quick decision without prior consultation, the nature and quantity of the drug use, and the absence of evidence from experienced police officers about relevant operational considerations.

Jurisdiction
Australia
Judgment Date
31 May 1988
Procedural Posture
Disciplinary Charge of Improper Conduct Against Australian Federal Police Members / Decision and Reasons After Hearing
Outcome
Charges dismissed; Senior Constable Michael Keith Duthie and Kevin Carey not guilty of the disciplinary offence charged.
Legal Topics
['improper Conduct' 'australian Federal Police Discipline' 'police Informants' 'failure to Prevent Offence' 'heroin Use']
['police Discipline' 'administrative Law' 'criminal Law'] ['improper Conduct' 'australian Federal Police Discipline' 'police Informants' 'failure to Prevent Offence' 'heroin Use']

Case Brief

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Procedural Posture

Disciplinary Charge of Improper Conduct Against Australian Federal Police Members / Decision and Reasons After Hearing

Legal Issues

  1. 1 ['Whether each member charged was guilty of improper conduct in official capacity contrary to paragraph 18(1)(d) of the Australian Federal Police (Discipline) Regulations by suffering or permitting X to use heroin.' "Whether the members' beliefs that intervention might prejudice future informant cooperation and Australian Federal Police drug investigations were relevant to whether their conduct was improper."]

Ratio Decidendi

The Tribunal was not able to conclude that either member's conduct was improper within Regulation 18(1)(d), given their accepted beliefs about preserving informant cooperation, the absence of instruction or training about when police may suffer an offence in informant dealings, the need for a quick decision without prior consultation, the nature and quantity of the drug use, and the absence of evidence from experienced police officers about relevant operational considerations.

Court Disposition

Charges dismissed; Senior Constable Michael Keith Duthie and Kevin Carey not guilty of the disciplinary offence charged.

Orders

  • ['The Tribunal finds Senior Constable Michael Keith Duthie not guilty of the disciplinary offence charged in the notice (AFP 10/8788) dated 20 October 1987.' 'Each charge will be dismissed.']