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Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #55
- Thread starter Coldpizza
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I note your solid points for sure .... much of which IMO backs up my belief that an impartial ‘check & balance’ of our judicial system is desirable .
At the same time I acknowledge that this isn’t a forum to debate the pros & cons of that system.
Prayers for William & all who held him close ..
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stormbird
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re Gary Jubelin's appeal, Legal Aid New South Wales has some great factsheets:
A guide to indictable appeals explains what an "all grounds appeal" is, and what happens if you win/lose.
Appealing to the District Court explains the process.
For reference (because it affects the type of appeal), GJ was found guilty and sentenced in the Local Court.
A guide to indictable appeals explains what an "all grounds appeal" is, and what happens if you win/lose.
Appealing to the District Court explains the process.
For reference (because it affects the type of appeal), GJ was found guilty and sentenced in the Local Court.
https://twitter.com/LiaJHarris/status/1293730775901155329
Former Homicide detective Gary Jubelin’s appeal hearing has started. He’s fighting his conviction for illegally recording conversations with a former suspect in the William Tyrrell case. Former Deputy Police Commissioner Nick Kaldas is also here in support.
His barrister Margaret Cunneen has started by telling the court there had been no detailed investigation plan when Jubelin took over the case. He then “developed a detailed investigation plan” which was “approved at the highest levels of the police force”.
Former Homicide detective Gary Jubelin’s appeal hearing has started. He’s fighting his conviction for illegally recording conversations with a former suspect in the William Tyrrell case. Former Deputy Police Commissioner Nick Kaldas is also here in support.
His barrister Margaret Cunneen has started by telling the court there had been no detailed investigation plan when Jubelin took over the case. He then “developed a detailed investigation plan” which was “approved at the highest levels of the police force”.
https://twitter.com/LiaJHarris/status/1293730775901155329
She told the court that plan focused on several persons of interest, including neighbour Paul Savage, who was “the only person, outside of William’s family, to have heard William playing on the morning” he disappeared.
She told the court that plan focused on several persons of interest, including neighbour Paul Savage, who was “the only person, outside of William’s family, to have heard William playing on the morning” he disappeared.
https://twitter.com/LiaJHarris/status/1293730775901155329
She told the court the Magistrate who convicted Jubelin “fell into error” when he “inappropriately based his views on Mr Jubelin’s credibility on him having declined in his evidence to exceed to criticism from the prosecutor” about his conduct in interviewing Savage.
She told the court the Magistrate who convicted Jubelin “fell into error” when he “inappropriately based his views on Mr Jubelin’s credibility on him having declined in his evidence to exceed to criticism from the prosecutor” about his conduct in interviewing Savage.
https://twitter.com/LiaJHarris/status/1293730775901155329
She told the court the Magistrate “gave every appearance of a judicial officer adjudicating a matter as though Mr Savage was in the dock facing a charge of murder and Mr Jubelin was the officer who charged him”.
She told the court the Magistrate’s comments that Jubelin pursued Savage “at all costs” were “inconsistent with the fact that Mr Jubelin never arrested, never charged and never prosecuted Mr Savage”.
Cunneen told the court their appeal is based on the grounds that “all four recordings were reasonably necessary for the protection of Mr Jubelin’s lawful interests”. This is the same defence used in the original local court hearing.
She told the court the Magistrate “gave every appearance of a judicial officer adjudicating a matter as though Mr Savage was in the dock facing a charge of murder and Mr Jubelin was the officer who charged him”.
She told the court the Magistrate’s comments that Jubelin pursued Savage “at all costs” were “inconsistent with the fact that Mr Jubelin never arrested, never charged and never prosecuted Mr Savage”.
Cunneen told the court their appeal is based on the grounds that “all four recordings were reasonably necessary for the protection of Mr Jubelin’s lawful interests”. This is the same defence used in the original local court hearing.
https://twitter.com/LiaJHarris/status/1293730775901155329
She also told the court they argue the first three conversations he recorded were covered by a lawful warrant and the fourth was “not made for the purpose of communicating or publishing the conversation to persons who are not parties”.
The Judge interjected saying “the fact that an investigative decision has taken place doesn’t and cannot possibly be a justification for going behind the intent of a legislation”.
She also told the court they argue the first three conversations he recorded were covered by a lawful warrant and the fourth was “not made for the purpose of communicating or publishing the conversation to persons who are not parties”.
The Judge interjected saying “the fact that an investigative decision has taken place doesn’t and cannot possibly be a justification for going behind the intent of a legislation”.
https://twitter.com/LiaJHarris/status/1293730775901155329
Cunneen told the court the Mgistrate formed the view that the “investigation into Mr Savage was improper” and that Mr Jubelin had “insufficient evidence” to pursue him. Then finding his testimony wasn’t credible because he didn’t concede fault in pursuing Savage.
She told the court the Magistrate “slips into the side track of missaprehending the case as not one where Mr Jubelin is on trail, but one where Mr Savage is on trial and Mr Jubelin is the overzealous police Officer whose ears have to be clipped by the Magistrate”.
She told the court both the Magistrate and the Crown’s criticism of Jubelin’s investigation into Savage was made by people “who are ill qualified for it...lawyers who have no training in the discipline of criminal investigation”.
She told the court “just because Mr Jubelin declined to make concessions about the investigation, when he is the professional with extensive experince, it goes too far to say that is evidence of his dishonesty”.
Cunneen told the court the Mgistrate formed the view that the “investigation into Mr Savage was improper” and that Mr Jubelin had “insufficient evidence” to pursue him. Then finding his testimony wasn’t credible because he didn’t concede fault in pursuing Savage.
She told the court the Magistrate “slips into the side track of missaprehending the case as not one where Mr Jubelin is on trail, but one where Mr Savage is on trial and Mr Jubelin is the overzealous police Officer whose ears have to be clipped by the Magistrate”.
She told the court both the Magistrate and the Crown’s criticism of Jubelin’s investigation into Savage was made by people “who are ill qualified for it...lawyers who have no training in the discipline of criminal investigation”.
She told the court “just because Mr Jubelin declined to make concessions about the investigation, when he is the professional with extensive experince, it goes too far to say that is evidence of his dishonesty”.
https://twitter.com/LiaJHarris/status/1293730775901155329
She told the court “just because Mr Jubelin declined to make concessions about the investigation, when he is the professional with extensive experince, it goes too far to say that is evidence of his dishonesty”.
Cunneen told the court the Magistrate “doesn’t have the expertise in investigation to say that he shouldn’t go on (investigating a suspect) if there’s no DNA, fingerprints or eye witnesses”.
She told the court “just because Mr Jubelin declined to make concessions about the investigation, when he is the professional with extensive experince, it goes too far to say that is evidence of his dishonesty”.
Cunneen told the court the Magistrate “doesn’t have the expertise in investigation to say that he shouldn’t go on (investigating a suspect) if there’s no DNA, fingerprints or eye witnesses”.
https://twitter.com/LiaJHarris/status/1293730775901155329
Cunneen told the court allegations from fellow officer Greg Gallyot that Jubelin was a bully were refuted by other members of the Strike Force. She also told the court Gallyot was “a spectacularly obvious liar” on the stand.
She told the court the Magistrate accepted Gallyot’s claims that Jubelin told him not to save the recorded conversation despite being caught in a lie and that “Mr Gallyot told the court about getting his dream job the day after he made a statement in this matter”.
Cunneen told the court allegations from fellow officer Greg Gallyot that Jubelin was a bully were refuted by other members of the Strike Force. She also told the court Gallyot was “a spectacularly obvious liar” on the stand.
She told the court the Magistrate accepted Gallyot’s claims that Jubelin told him not to save the recorded conversation despite being caught in a lie and that “Mr Gallyot told the court about getting his dream job the day after he made a statement in this matter”.
https://twitter.com/LiaJHarris
Cunneen told the court Jubelin’s strategy in investigating Savage was “a very specific strategy, a very unusual strategy and probably a strategy that will never be repeated”
She told the court none of Jubelin’s superiors “ever told Mr Jubelin not to do what he was doing.. not to continue in the strategy that had been developed”.
The judge told the court “it’s not for this court, or for any jurisdiction, that any judgement is passed in relation to investigative decisions”.
Cunneen told the court Jubelin’s strategy in investigating Savage was “a very specific strategy, a very unusual strategy and probably a strategy that will never be repeated”
She told the court none of Jubelin’s superiors “ever told Mr Jubelin not to do what he was doing.. not to continue in the strategy that had been developed”.
The judge told the court “it’s not for this court, or for any jurisdiction, that any judgement is passed in relation to investigative decisions”.
Last edited:
https://twitter.com/LiaJHarris/status/1293763933963083777
Cunneen is now making arguments for a reduced sentence (if the judge decides to reject the conviction appeal), telling the court “nothing Mr Jubelin did invaded Mr Savage’s privacy”.
She told the court Jubelin is “a man of genuine honesty... a man of courage... unwavering in his pursuit for victims of crime in NSW”.
She told the court Jubelin is still “assisting the coroner at the coroner’s request” in relation to the disappearance of William Tyrrell “so that expertise in this matter is not lost”.
She urged the judge not to record a conviction against him “in recognition of his very fine life”.
Cunneen is now making arguments for a reduced sentence (if the judge decides to reject the conviction appeal), telling the court “nothing Mr Jubelin did invaded Mr Savage’s privacy”.
She told the court Jubelin is “a man of genuine honesty... a man of courage... unwavering in his pursuit for victims of crime in NSW”.
She told the court Jubelin is still “assisting the coroner at the coroner’s request” in relation to the disappearance of William Tyrrell “so that expertise in this matter is not lost”.
She urged the judge not to record a conviction against him “in recognition of his very fine life”.
https://twitter.com/LiaJHarris/status/1293763933963083777
Cunneen referenced in court Kerri-Anne Kennerley’s comments on
@Studio10au
this week, telling the court “when you’re being run out of town, get in front of the parade”, explaining Jubelin’s reasons for “engaging” with the media since he was charged.
She finished by telling the court Jubelin “has now lost his meaning and purpose in life because his true calling was in criminal investigation and obtaining justice for bereaved families of victims of homicide”.
Cunneen referenced in court Kerri-Anne Kennerley’s comments on
@Studio10au
this week, telling the court “when you’re being run out of town, get in front of the parade”, explaining Jubelin’s reasons for “engaging” with the media since he was charged.
She finished by telling the court Jubelin “has now lost his meaning and purpose in life because his true calling was in criminal investigation and obtaining justice for bereaved families of victims of homicide”.
Tinker Taylor
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They will end up paying Jubelin $15,000 at this rate!
https://twitter.com/LiaJHarris/status/1293739642718543874
The Crown prosecutor is now addressing the court, arguing the law is “designed to control” this kind of investigative activity.
The crown told the court the evidence shows it was “clearly not necessary” for Jubelin to record the conversations and that he “knew he’d broken the law”.
He told the court Jubelin had “not suffered any great harm” from media coverage and “willingingly engaged with media” by speaking to journalists and writing his own articles.
The crown urged the judge not to reduce Jubelin’s sentence by removing the conviction from his record.
The Crown prosecutor is now addressing the court, arguing the law is “designed to control” this kind of investigative activity.
The crown told the court the evidence shows it was “clearly not necessary” for Jubelin to record the conversations and that he “knew he’d broken the law”.
He told the court Jubelin had “not suffered any great harm” from media coverage and “willingingly engaged with media” by speaking to journalists and writing his own articles.
The crown urged the judge not to reduce Jubelin’s sentence by removing the conviction from his record.
Last edited:
Thanks for relaying all the tweets Dr Sleuth. I’m so happy to hear that Jubelin is still assisting the coroner.
https://twitter.com/LiaJHarris/status/1293773739906052096
An affidavit handed to the court from Deputy Police Commissioner Nick Kaldas criticises Magistrate Ross Hudson’s assessment of Jubelin’s investigation strategy, saying his comments “demonstrate a total lack of understanding of investigative methodology, practice and procedure”.
An affidavit handed to the court from Deputy Police Commissioner Nick Kaldas criticises Magistrate Ross Hudson’s assessment of Jubelin’s investigation strategy, saying his comments “demonstrate a total lack of understanding of investigative methodology, practice and procedure”.
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