Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #54

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If this means it isn't legal to psychologically torture a suspect until either the police officer believes him or the suspect falsely or truly confesses, I'm relieved. The rest of you, I wonder where you draw the line . . . waterboarding?
 
purpleandgreen said:
I draw the line at truth & justice for William.
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I don't want to dismiss those feelings. But do you think investigation techniques should be wholly at the discretion of the police officers concerned, or do you think there should be restrictions but you don't consider that Jubelin exceeded what was reasonable?
 
JLZ said:
I don't want to dismiss those feelings. But do you think investigation techniques should be wholly at the discretion of the police officers concerned, or do you think there should be restrictions but you don't consider that Jubelin exceeded what was reasonable?
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Again. I draw the line at truth & justice for William.

That is my opinion. I won't enter into personal bickering.
 
Bohemian said:
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Magistrate Hudson told the court the junior officers who investigated whether or not Savage saw the Spider-Man suit planted in the bush the day before he reported it “caused further tension” within the Strike Force because they “disobeyed a direction from Mr Jubelin”.
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Does anyone know what the disobedience of the junior officers watching Savage amounted to?
 
JLZ said:
I don't want to dismiss those feelings. But do you think investigation techniques should be wholly at the discretion of the police officers concerned, or do you think there should be restrictions but you don't consider that Jubelin exceeded what was reasonable?
Click to expand...
There is a difference between states unfortunately, I lived a good part of my life in Qld, was a witness for the prosecution in a 2005 case. There were recordings made by a third party, the police, of 2 conversations between 2 victims and the accused, the accused was unaware they were being recorded, which is legal in Qld but not in NSW. Brett Cowan was caught with the same technique, some call it 'entrapment', which formed the basis for Cowan's appeal.
Jubelin didn't abide by the state's law, and if he were close to the truth? We'll probably never know now.

This is an unusual case and I suspect Jubelin felt it needed covert operations to solve it, but he's bound by the laws that govern the state. He'll obviously appeal, he might still have a chance.
I don't feel confident WT's disappearance will ever be solved unless his remains are found, and even then, it won't give up the perpetrator unless it's near their premises, which I highly doubt would be the case, there's too many easily accessable spots for concealment in the bush and rivers. :(
 
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Former detective in William Tyrrell case Gary Jubelin found guilty of making illegal recordings

Police said the recordings were unlawful because they were made on Jubelin's mobile phone and a colleague's, outside the scope of warrants for Mr Savage's home, car and phone to be bugged.
Magistrate Ross Hudson today found the former detective guilty of all four counts and slammed Jubelin for pursuing Mr Savage "at all costs".
"This was above and beyond legality," he said.

Jubelin made no reaction when he learned of the decision in the Downing Centre Local Court.
The case provided an extraordinary insight into the investigative techniques used to gather information about William's September 2014 disappearance.

Former detective in William Tyrrell case guilty of illegal surveillance
 
PrimeSuspect said:
Former detective in William Tyrrell case Gary Jubelin found guilty of making illegal recordings

Police said the recordings were unlawful because they were made on Jubelin's mobile phone and a colleague's, outside the scope of warrants for Mr Savage's home, car and phone to be bugged.
Magistrate Ross Hudson today found the former detective guilty of all four counts and slammed Jubelin for pursuing Mr Savage "at all costs".
"This was above and beyond legality," he said.

Jubelin made no reaction when he learned of the decision in the Downing Centre Local Court.
The case provided an extraordinary insight into the investigative techniques used to gather information about William's September 2014 disappearance.

Former detective in William Tyrrell case guilty of illegal surveillance
Click to expand...

Well, as we are all pretty sure that Jubes is not the first nor will be the last to record without a warrant in NSW, I wonder if this will bring other officers who have used this methodology to the forefront.
 
PrimeSuspect said:
There is a difference between states unfortunately, I lived a good part of my life in Qld, was a witness for the prosecution in a 2005 case. There were recordings made by a third party, the police, of 2 conversations between 2 victims and the accused, the accused was unaware they were being recorded, which is legal in Qld but not in NSW. Brett Cowan was caught with the same technique, some call it 'entrapment', which formed the basis for Cowan's appeal.
Jubelin didn't abide by the state's law, and if he were close to the truth? We'll probably never know now.

This is an unusual case and I suspect Jubelin felt it needed covert operations to solve it, but he's bound by the laws that govern the state. He'll obviously appeal, he might still have a chance.
I don't feel confident WT's disappearance will ever be solved unless his remains are found, and even then, it won't give up the perpetrator unless it's near their premises, which I highly doubt would be the case, there's too many easily accessable spots for concealment in the bush and rivers. :(
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However, the judge talked about it being legal to record when a rape victim telephoned her rapist; this would be to protect her lawful interest in bringing the rapist to account, and so exempt from the general prohibition.

Surely a person has a lawful interest in carrying out the duties of his profession. Perhaps only if the duties are carried out in an otherwise lawful way, which might be the relevance of the judge's comments on the persecutory nature of the interrogations of Savage. The relevance wasn't spelled out in the tweets--I wondered if the judge was relying on his opinions about something he wasn't called on to decide.
 
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