William Tyrrell detective loses illegal recording appeal
Former William Tyrrell lead investigator Gary Jubelin has lost his appeal against his conviction for illegally recording conversations during the search for the missing toddler.
Judge Antony Townsden on Friday in the Parramatta District Court dismissed Jubelin's appeal against his sentence and conviction.
The former NSW Police Detective chief inspector was in April fined $10,000 after he was found guilty of unlawfully recording four conversations with one of the Tyrrell family's neighbours in 2017 and 2018.
Jubelin contested the allegations that he unlawfully made the recordings with Paul Savage, arguing he did it to protect himself in case a complaint was made against him or if Mr Savage harmed himself.
Three of the conversations were recorded inside Mr Savage's home and a fourth was made during a phone call while Jubelin was at police headquarters in Sydney.
All were made without Mr Savage's knowledge.
A string of high-profile supporters including NSW Greens politician David Shoebridge, former NSW Police deputy commissioner Nick Kaldas and William's foster mother provided character references at Jubelin's sentence earlier in the year.
Sydney magistrate Ross Hudson found that despite Mr Savage being the subject of surveillance warrants at the time, Jubelin was not authorised to record the conversations.
Mr Hudson said that Jubelin pursued Mr Savage "at all costs" and when there was "no real evidence against him".
He also described his actions as "strikes across the heart, extent, nature and purpose of the Surveillance Devices Act".
Jubelin - who quit the force in 2019 - immediately announced that he would appeal his conviction and sentence.
During his appeal, his barrister Margaret Cunneen SC argued that he had a lawful interest in making the recordings and that Mr Savage's right to privacy had been stripped away by the court-ordered warrants.
Ms Cunneen said the first three conversations in November 2017 and May 2018 fell under a Supreme Court warrant authorising surveillance of Savage which allowed devices to be installed in his car and home.
Ms Cunneen also said that Mr Hudson did not have the expertise in police investigations to have ruled that Jubelin should not have made the recordings.
However the prosecution denied that Jubelin had a lawful interest in making the recordings and said that he had sought to gain evidence against Mr Savage and dishonestly conceal how it was gathered.
William disappeared from the front of his foster grandparents' home at Kendall on the NSW mid-North Coast in September 2014 in a case which has gripped the country.
No person has been charged over William's disappearance and Mr Savage is no longer a person of interest.
Originally published as William Tyrrell cop loses case