Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #50

[stormbird]

Tweet by Jamie McKinnell @jamie86:

A lawyer representing the media is also opposing the orders, arguing the media are "effectively the eyes and the ears of the general public" in court.

 

[stormbird]

Tweet by Jamie McKinnell @jamie86:

Part of what police are attempting to non-pub is a "covert strategy", but the court is told many police techniques are known to the public. Court is referred to a Qld Supreme Court judgment referencing Daniel Morcombe's killer Cowan - brought down by a "Mr Big" sting operation.

 

[stormbird]

Tweet by Jamie McKinnell @jamie86:

The court's been told police are also seeking to suppress any information regarding the number of persons on the child protection register in certain districts.

 

[stormbird]

Tweet by Jamie McKinnell @jamie86:

Decision coming at 1230

[Note by me, stormbird: I'm posting this at 12:40, but so far there has not been a tweet about the decision.]

 

[Wexford]

Tweet by Jamie McKinnell @jamie86:

Part of what police are attempting to non-pub is a "covert strategy", but the court is told many police techniques are known to the public. Court is referred to a Qld Supreme Court judgment referencing Daniel Morcombe's killer Cowan - brought down by a "Mr Big" sting operation.

The irony. Probably not covert now is it?

 

[sosocurious]

In Sydney's Downing Centre Local Court on Tuesday, Ms Cunneen said her client had every reason to expect his case would be heard in open court so the evidence against him and his response is publicly known.

She referred to an affidavit submitted by Robin Bhatta for the commissioner which she said indicated the orders sought would lead to the public being misled.

"It would make the allegations against Mr Jubelin seem so much worse," Ms Cunneen said.

"The consequences of the orders ... is that it will always be intimated Mr Jubelin's alleged offences were the reasons, or the principal reasons, for the failure of this investigation.

"We submit he would be set up as a scapegoat for that failure."

Magistrate Ross Hudson will rule on the application later on Tuesday.



Jubelin could become Tyrrell 'scapegoat'

 

[stormbird]

I'll try to post the earlier tweets by Lia Harris before the court resumes - once they get going again I'll be too slow to keep up. (If anybody wants to repost any of these tweets embedded, please do. I expect they're easier to follow that way. I can't work out how to do it.)

 

[stormbird]

Tweet by Lia Harris @LiaJHarris: (edit: this was a tweet from earlier in the day)

Gary Jubelin’s criminal hearing has resumed, with the NSW Police Comissioner’s legal team making an application to hear the majority of the evidence in a closed court. A lawyer for the media is here and it’s expected Jubelin’s defence team will also oppose it.

 

[sleepinoz]

Oh Oh


Jamie McKinnell
@jamie86
·
19s
Hold up. Mr Bhalla: "I hope your honour doesn't shoot the messenger, but I've just been informed that the coroner would like to be heard." We're adjourning for lunch.

 

[Wexford]

I believe they are going to hear from the coroner according to Lia Harris.

 

[stormbird]

Now the court is back I'll give up posting the tweets - I'm too slow! Sorry!

EDIT: There are only a few earlier tweets by Lia, so I'll post them.

 

[stormbird]

Earlier tweet by Lia Harris @LiaJHarris:

Gary Jubelin’s barrister Margaret Cuneen opposes the application for evidence to be kept secret, telling the court “it is really impossible for the allegations against Mr Jubelin to be fairy ventilated without all of this information now going to the public”.

 

[stormbird]

Earlier tweet by Lia Harris @LiaJHarris:

A lawyer representing all major media outlets, including @10NewsFirst is now addressing the court in opposition of the application for non-publication orders.

 

[stormbird]

Earlier tweet by Lia Harris @LiaJHarris:

The NSW Police Comissioner’s legal team argues the evidence needs to be kept secret to protect the integrity of the ongoing investigation into William Tyrrell’s disappearance. The Magistrate will make a decision early this afternoon.

 

[stormbird]

Tweet by Lia Harris @LiaJHarris:

Gary Jubelin’s criminal hearing has just heard the NSW Coroner, currently holding an inquest into the disappearance of William Tyrrell, now wishes to be heard in relation to the application to suppress evidence in this case.

 

[stormbird]

Tweet by Lia Harris @LiaJHarris, replying to a question (see below*):

Yes just now. No reason given as to why it wasn’t flagged sooner. It seems the request was only just made today.

*@K_Sheldrick: Just now? Any reason given why this wasn't raised sooner?

 

[deugirtni]

Tweet by Jamie McKinnell @jamie86:

Margaret Cunneen SC, for Mr Jubelin, argues if police are granted the orders they seek it will always be intimated that Mr Jubelin's alleged failures were the reason for the failure of the Tyrrell investigation. He would be "set up as a scapegoat".

In Sydney's Downing Centre Local Court on Tuesday, Ms Cunneen said her client had every reason to expect his case would be heard in open court so the evidence against him and his response is publicly known.

She referred to an affidavit submitted by Robin Bhatta for the commissioner which she said indicated the orders sought would lead to the public being misled.

"It would make the allegations against Mr Jubelin seem so much worse," Ms Cunneen said.

"The consequences of the orders ... is that it will always be intimated Mr Jubelin's alleged offences were the reasons, or the principal reasons, for the failure of this investigation.

"We submit he would be set up as a scapegoat for that failure."

Magistrate Ross Hudson will rule on the application later on Tuesday.

Jubelin could become Tyrrell 'scapegoat'

That does not sound promising at all, and especially coming from the ex head detective on W's case for four years. His lawyer makes it sound as if it's already a given that the WT investigation is going to ultimately be a failure. How can they know it will ultimately be a failure? If Cuneen had said the word 'if' (ie 'it will always be intimated Mr. Jubelin's alleged offences were the reasons, or the principle reasons, IF the WT investigation fails'), that would be one thing, but the way she has said it sounds ominous. jmo.

 

[sleepinoz]

Lia Harris
@LiaJHarris
·
7s
Replying to
@LiaJHarris
The hearing has resumed and the Comissioner’s barrister tells the court there will no longer be an appearance by the Coroner. The Magistrate will proceed with his decision on the non-publication orders.

 

[stormbird]

Tweet from an hour ago by Jamie McKinnell @jamie86:

Magistrate Ross Hudson has been giving reasons for half an hour. He's made reference to the request about child protection statistics and the register, and said he's of the view that an order should be made over those.

 

[tmar]

Now the court is back I'll give up posting the tweets - I'm too slow! Sorry!

EDIT: There are only a few earlier tweets by Lia, so I'll post them.

Don't be sorry.
You have done a great job, of informing us of what is going on.
Thank you so much.