A former public servant, Geoffrey McGibbon, is to appeal to the Federal Court against a finding by the Disciplinary Appeal Committee that he should be dismissed from the Public Service.
Mr McGibbon is manager of the Dickson Pool. He was shot in the legs at Dickson pool last year just before his assailant crashed into the Jolimont Centre later killing himself.
The committee found he had put up a front man to get a cleaning contract when he was manager of the Civic Olympic Pool (a public service position in the ACT Administration) and had used pool employees to do work that should have been done under the contract, and that he had not disclosed that his wife had been employed by the contractor.
Mr McGibbon said yesterday he had not been represented at the hearing because of a confusion over notification of hearing dates. He defended his solicitor, Michael Higgins, who had been criticised by the committee. Mr McGibbon said Mr Higgins had given notice to the committee that he was unavailable on the hearing date, but the committee had continued the hearing.
Mr McGibbon was demoted by the (pre-self-government) ACT Administration. The committee, however, directed that “”the appellant be dismissed from the Australian Public Service in respect of each charge.”
(SUBS: PLEASE LEAVE THIS PAR IN) It was reported yesterday that the committee had no power to increase penalties. Public service sources say committees have the power to increase penalties if the appellant is appealing against findings of misconduct as well as severity of penalty as in this case, but may not have the power if the appellant is appealing only against severity.
Mr McGibbon says the committee did not give enough weight to evidence that he had been cleared by the Tax Office of getting income under the contract. His lack of representation and the long delay would also be grounds of appeal because the events in question had taken place between 1976 and 1983.
The committee, however, said the delay had been due to a police investigation which had to be completed first. Charges against Mr McGibbon were dropped.