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

[Bohemian]

The prosecution on Tuesday said they wished to present to the hearing additional recordings taken by Jubelin which were not subject to charges.

The prosecution told the court this evidence would demonstrate Jubelin's "tendency" to illegally record phone conversations.

"The Crown will be serving a tendency notice in relation to at least one of those recordings," Crown prosecutor Philip Hogan said.

Jubelin defends actions as hearing nears

Yes why wasn't he charged for the other alleged illegal recordings?

Is the tendency notice the crown is serving, an additional recording of PS? Or is it of another person?

Not sure why he wasn’t charged but if the alleged recordings weren’t between PS and Jubes, I wondered if the tendency evidence might involve those between the latter and Mark Leveson, mentioned here:

9News - Latest news and headlines from Australia and the world

 

[peekinandy]

The prosecution on Tuesday said they wished to present to the hearing additional recordings taken by Jubelin which were not subject to charges.

The prosecution told the court this evidence would demonstrate Jubelin's "tendency" to illegally record phone conversations.

"The Crown will be serving a tendency notice in relation to at least one of those recordings," Crown prosecutor Philip Hogan said.

Jubelin defends actions as hearing nears

Yes why wasn't he charged for the other alleged illegal recordings?

Is the tendency notice the crown is serving, an additional recording of PS? Or is it of another person?

Do we have any idea yet why GJ thought the recordings were legal? Not till feb perhaps?

Loss of evidence is a good position. He can record things if he thinks evidence will be lost - AFAIK. And that can be a very grey area - IMHOO

He'd know what is legal & what isn't... But grey areas ? It's a pity if another police officer had to bring this to the attention of the authorities, & get him to get into trouble.... and introduce such things as tendencies/grey areas - if all GJ is doing is trying to catch a child snatcher??

Just seems ludicrous...!

 

[Georgy]

The prosecution on Tuesday said they wished to present to the hearing additional recordings taken by Jubelin which were not subject to charges.

The prosecution told the court this evidence would demonstrate Jubelin's "tendency" to illegally record phone conversations.

"The Crown will be serving a tendency notice in relation to at least one of those recordings," Crown prosecutor Philip Hogan said.

Jubelin defends actions as hearing nears

Yes why wasn't he charged for the other alleged illegal recordings?

Is the tendency notice the crown is serving, an additional recording of PS? Or is it of another person?

IMO I understand the "tendency"is legal terminology is re: evidence by Jubelin? Sounds like this evidence will be used by crown to justify the 4 illegal recordings?

 

[drsleuth]

We’re for Sydney | Daily Telegraph 57-year-old is accused of failing to get a warrant before recording a chat with Kendall local Paul Savage, who lives in the street where William vanished in September 2014.

Mr Savage will be a witness at the hearing but doesn’t want to give evidence in person, and has requested to testify via video link for medical reasons.

snip

Crown prosecutor Philip Hogan said he’ll “serve a tendency notice in relation to at least one of those recordings.”

EVIDENCE REGULATION 2015 - REG 5 Notice of tendency evidence

 

[Freddo Frog]

https://www.smh.com.au/national/nsw...gal-recording-allegation-20200114-p53r9v.html

Barrister Philip Hogan, appearing for the Crown, told the court there are other recordings made by Mr Jubelin which are not the subject of the charges. He said the Crown intends to raise these during the hearing to show a tendency on the part of Mr Jubelin.

The court was previously told eight witnesses are expected to be called during the hearing. Some evidence is expected to overlap with the inquest.

Speaking outside court, Mr Jubelin said he has "maintained from the outset that I had a lawful right and an operational need to record the conversations that I did".

"Those conversations were recorded specifically for me carrying out my duties investigating the disappearance of William Tyrrell," he said.

"I'm now putting my faith in the court. I'm looking forward to the full facts coming out in the hearing."

Just jumping off your post, but not directed at you...


If Jubelin is found not guilty of these charges I wonder where this leaves William's case? I cannot see him being welcomed back with open arms, with a 'let bygones be bygones' welcome. If he was found not guilty of recording PS will that change the way the whole investigation into William proceeds? Will a not guilty verdict change the way people give any future evidence into William's case, as in "oh, well, maybe I do recall something after all..." Will we finally get closure on this sad case and justice for William?

So many questions...

 

[peekinandy]

Just jumping off your post, but not directed at you...


If Jubelin is found not guilty of these charges I wonder where this leaves William's case? I cannot see him being welcomed back with open arms, with a 'let bygones be bygones' welcome. If he was found not guilty of recording PS will that change the way the whole investigation into William proceeds? Will a not guilty verdict change the way people give any future evidence into William's case, as in "oh, well, maybe I do recall something after all..." Will we finally get closure on this sad case and justice for William?

So many questions...

I wonder if he wins, whether the phone recordings will be admissible for the Inquest?

 

[Warshawski]

IMO..maybe he had warrants or permissions for other recordings? It seems he didnt get the permission for 4 recordings, therefore making them illegal?

Certainly makes sense if that was the true situation Georgy. I just can't get past the number of cases he's investigated ... And been held up & thanked for all he's done .... why is this coming to light now ?

Me smells a Rat .. one who lay in waiting & picked his easy Bait for others - how easy PS ( widower, history of stalking, what's going on with his family / kids / brother ??)

Good will always prevail ( no matter the trials between) - IMO.

My prayers are for honesty & goodness in all that surrounds this boy William, and genuine caring support for all those who bear the pain of his loss.

 

[Georgy]

Certainly makes sense if that was the true situation Georgy. I just can't get past the number of cases he's investigated ... And been held up & thanked for all he's done .... why is this coming to light now ?

Me smells a Rat .. one who lay in waiting & picked his easy Bait for others - how easy PS ( widower, history of stalking, what's going on with his family / kids / brother ??)

Good will always prevail ( no matter the trials between) - IMO.

My prayers are for honesty & goodness in all that surrounds this boy William, and genuine caring support for all those who bear the pain of his loss.

Agree with you..also thinking this may be what is neccessary for the case to go forward..hoping that GJ proves his case.

 

[drsleuth]

We’re for Sydney | Daily Telegraph

‘I want these allegations against me tested in an open court’
Having operated on the prosecution side of the legal system his whole career, retired detective Inspector Gary Jubelin always supported the principle of open justice. He had no idea how important it was until he became an accused person.

Gary Jubelin, The Sunday Telegraph
Subscriber only
|
January 26, 2020 12:00am

I need to clear my name.

My matter has been widely reported in the media, which has greatly embarrassed me. I don’t know how details of an internal investigation were made public — including the fact I was going to be charged before I was even charged. I suspect I know the reason why, but I doubt those responsible will be held to account. It wasn’t a pleasant experience contacting family, friends and murdered victims’ families to explain what was going on.


Regarding my charges, I draw comfort from knowing the full facts will come out in court.

I maintain I have done nothing wrong. I volunteered to participate in any interviews requested of me by the police. I answered all questions put to me and supplied a large number of documents in support of my defence. I did so with the full understanding that what I have said will be made public if I appeared in court.

I want these allegations against me tested in an open court. That is my right as an accused person.

 

[purpleandgreen]

We’re for Sydney | Daily Telegraph

‘I want these allegations against me tested in an open court’
Having operated on the prosecution side of the legal system his whole career, retired detective Inspector Gary Jubelin always supported the principle of open justice. He had no idea how important it was until he became an accused person.

Gary Jubelin, The Sunday Telegraph
Subscriber only
|
January 26, 2020 12:00am

I need to clear my name.

My matter has been widely reported in the media, which has greatly embarrassed me. I don’t know how details of an internal investigation were made public — including the fact I was going to be charged before I was even charged. I suspect I know the reason why, but I doubt those responsible will be held to account. It wasn’t a pleasant experience contacting family, friends and murdered victims’ families to explain what was going on.


Regarding my charges, I draw comfort from knowing the full facts will come out in court.

I maintain I have done nothing wrong. I volunteered to participate in any interviews requested of me by the police. I answered all questions put to me and supplied a large number of documents in support of my defence. I did so with the full understanding that what I have said will be made public if I appeared in court.

I want these allegations against me tested in an open court. That is my right as an accused person.

There might be some nervous people wondering what will come out.

 

[they'll get you]

Montana had been snatched from her pram by Cheryl and Mark McEachran. The husband and wife kidnapping the newborn because they couldn't have any more children of their own.
Powerful moment mother is reunited with missing daughter

I often wonder if similar happened to William.
Was the cemetery checked for deceased young children that parent’s might have been grieving or visiting.

 

[bearbear]

i was hoping there was a websleuths page for this case, ive looked but cant see one?
Family's anguish: what happened to Connor?

 

[peekinandy]

i was hoping there was a websleuths page for this case, ive looked but cant see one?
Family's anguish: what happened to Connor?

I hope nothing untoward happened? I couldn't open the news.com article but there were a few others from today. So it happened Aug 2018? I hope the scene was fully documented - I would imagine so - I hope so! such a sad situation

 

[Freddo Frog]

I wonder if he wins, whether the phone recordings will be admissible for the Inquest?

I hope so.

 

[peekinandy]

Not sure why he wasn’t charged but if the alleged recordings weren’t between PS and Jubes, I wondered if the tendency evidence might involve those between the latter and Mark Leveson, mentioned here:

9News - Latest news and headlines from Australia and the world

Loved watching this. Mark seemed to suggest he agreed to the recording - so that might be entirely legal? AFAIK it's legal for NSW... but MOO just in case

 

[JWSleuth]

Do we have any idea yet why GJ thought the recordings were legal? Not till feb perhaps?

Loss of evidence is a good position. He can record things if he thinks evidence will be lost - AFAIK. And that can be a very grey area - IMHOO

He'd know what is legal & what isn't... But grey areas ? It's a pity if another police officer had to bring this to the attention of the authorities, & get him to get into trouble.... and introduce such things as tendencies/grey areas - if all GJ is doing is trying to catch a child snatcher??

Just seems ludicrous...!

So true... good luck GJ! Hopefully your reasoning for taking that evidence passes the test.

 

[drsleuth]

Just sending good vibes to Jube's for his trial that starts tomorrow

 

[katydid23]

Just sending good vibes to Jube's for his trial that starts tomorrow

 

[SLouTh]

The Tweets from Lia Harris, today, re Jube's Court Case
Posted in the order of first to the most recent....

Ref: Lia Harris (@LiaJHarris) | Twitter

The court hearing for the charges against former Homicide detective Gary Jubelin, which is effectively his trial, begins today and will run for five days. I’ll have all the important details here, on
@10Daily
and
@10NewsFirst
.
However, he’s currently stuck in a lift, so the hearing has been delayed for now.

He’s now free and in court.
8:46 AM · Feb 3, 2020 from Sydney, New South Wales


They’ve had to move the case to a bigger court to accomodate the crowd here to observe the hearing.
8:57 AM · Feb 3, 2020·Twitter for iPhone

The Magistrate has scolded the Police Comissioner’s barrister this morning, labelling his attempt to delay today’s hearing as “despicable” and accused them of having “feeble excuses”. He’s given him 15 minutes to sort out their issues with the suppression orders.
@10NewsFirst 9:19 AM · Feb 3, 2020


The Comissioner’s barrister is applying for non-publication orders on some of the evidence, based on the orders already made by the Coroner’s court during the William Tyrrell inquest. Gary Jubelin is charged with illegally recording conversations with a POI. #WheresWilliam 9:26 AM · Feb 3, 2020

The Comissioner’s barrister has told the court they’re seeking non-publication orders for Gary Jubelin’s hearing which, if made by the court, would mean “almost all of this hearing will have to be conducted in a closed court”. The media will fight the orders.
@10NewsFirst 9:47 AM · Feb 3, 2020

They’re arguing the evidence that will be presented in relation to the recorded conversations is already suppressed by the Coroner’s Court and would jeopardise the inquest into William Tyrrell’s disappearance as well as the police investigation. 9:51 AM · Feb 3, 2020

 

[peekinandy]

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