Commissioner of Police v Barbour [1994] AFPDT 1

Commissioner of Police v Barbour [1994] AFPDT 1

Sergeant Barbour, as the officer in charge, failed to follow the required procedures in relation to the arrest and release of two citizens, particularly the lack of proper recording, failure to identify the arresting officers, and absence of a written undertaking or proper documentation. Though there was no finding...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
16 September 1994
Procedural Posture
Disciplinary Proceedings / Decision After Hearing
Outcome
Finding of guilt in respect of Proceedings ABMJ004; other charges dismissed.
Legal Topics
['disgraceful Conduct' 'abuse of Power' 'failure of Supervision' 'police Procedure' 'discredit to Reputation' 'disciplinary Standards' 'standard of Proof']
['police Disciplinary Law'] ['disgraceful Conduct' 'abuse of Power' 'failure of Supervision' 'police Procedure' 'discredit to Reputation' 'disciplinary Standards' 'standard of Proof']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Disciplinary Proceedings / Decision After Hearing

Legal Issues

  1. 1 ['Whether Sergeant Barbour committed breaches of the Australian Federal Police Discipline Regulations, specifically regulations 18(1)(d) and 18(1)(g)' 'Whether Sergeant Barbour engaged in disgraceful conduct or conduct likely to bring discredit to the AFP' 'Whether proper procedure was followed in the arrest, detention, and release of civilians during policing of the 1993 Summernats event']

Ratio Decidendi

Sergeant Barbour, as the officer in charge, failed to follow the required procedures in relation to the arrest and release of two citizens, particularly the lack of proper recording, failure to identify the arresting officers, and absence of a written undertaking or proper documentation. Though there was no finding of deliberate misconduct or intent to bring discredit, and he was acquitted of knowledge of the assault and of 'Gundarooing', his failures objectively amounted to a breach of regulation 18(1)(g), being conduct likely to bring discredit to the reputation of the Australian Federal Police.

Court Disposition

Finding of guilt in respect of Proceedings ABMJ004; other charges dismissed.

Orders

  • ['A finding of guilt be entered in respect of Proceedings ABMJ004.' 'Proceedings ABMJ001, ABMJ002, and ABMJ003 be dismissed.' 'The Commissioner to pay the costs of Proceedings ABMJ001, ABMJ002, and ABMJ003.' 'Sergeant Alan Francis Barbour to pay the costs of Proceedings ABMJ004.' 'An admonishment be administered in...