Ex-detective acted lawfully when he secretly recorded conversations with a person of interest in the case of missing boy William Tyrrell, court hears
- Gary Jubelin's convictions are illegitimate, an appeal judge has been told
- The former detective on the William Tyrrell case is appealing his convictions
- He was found guilty of illegally recording four conversations with Paul Savage
- William hasn't been seen since 2014, and Mr Savage denies any involvement
Former senior detective Gary Jubelin's convictions over covert recordings during the William Tyrrell investigation are illegitimate as the man being taped already had his privacy stripped, an appeal judge has been told.
The former detective chief inspector is appealing his convictions after being found guilty in April of illegally recording four conversations with Kendall man Paul Savage in 2017 and 2018.
Mr Savage, an elderly resident of the NSW mid north coast street where then-three-year-old William went missing in September 2014, had been a person of interest at the time.
No one has been charged over William's disappearance. Mr Savage denies any involvement.
Former senior detective Gary Jubelin is appealing his convictions after being found guilty in April of illegally recording four conversations with Kendall man Paul Savage in 2017 and 2018
The former detective chief inspector is appealing his convictions after being found guilty in April of illegally recording four conversations with Paul Savage (left and centre) in 2017 and 2018
Barrister Margaret Cunneen SC on Thursday said the protection of privacy was the intention of the Surveillance Devices Act, the law under which Jubelin was convicted.
But in the case of the first three convictions, the NSW Supreme Court had already abrogated Mr Savage's privacy by issuing warrants allowing police to install listening devices in his home, she said.
'This was already not a private conversation because it could be listened to by any authorised officer,' she told Sydney's Downing Centre District Court.
'The privacy had already been stripped away.'
The fourth tape of Mr Savage was made in December 2018 when the warrants had expired and when Mr Savage invited Jubelin to his home.
Ms Cunneen said a police officer could have a lawful interest to protect his own personal interests, which were at risk given no third party was present.
'Surely that can't be the case,' Judge Antony Townsden said.
'The surveillance devices act has to apply to every person in the community.
Share this article
'How could it be that any person, certainly a police officer, (make a recording) by simply asserting that something could occur, without advising anyone that they were to record that conversation?'
Ms Cunnen later said a court had previously ruled a person may record a conversation where they perceive a risk of later being called a liar or of fabricating conversations.
'Perhaps it is a greater interest for a police officer to prove he's not fabricating conversations,' she said.
'He wanted to make sure he had a record in case he was accused of something he didn't do.'
William Tyrrell vanished from his foster grandmother's house on September 12, 2014
Jubelin is also appealing his sentence - a $10,000 fine - should the conviction appeal fail
Another plank of the appeal contends magistrate Ross Hudson erred by making adverse findings about the adequacy of the investigation into Mr Savage.
Ms Cunnen said the judicial officer had slipped into the side-track of misapprehending the case as Mr Savage being 'in the dock facing a charge of murder' and Mr Jubelin as 'the overzealous policeman ... whose ears need to be clipped'.
'Mr Jubelin never arrested, never charged and never prosecuted Mr Savage,' she said.
Jubelin is also appealing his sentence - a $10,000 fine - should the conviction appeal fail.
The Crown, which is contesting the appeal, is yet to air its case in court.
The appeal continues.
Comments 0
Share what you think
No comments have so far been submitted. Why not be the first to send us your thoughts, or debate this issue live on our message boards.
