Gary Jubelin to give evidence in former person-of-interest lawsuit

Gary Jubelin is set to give evidence as a former person-of-interest in the William Tyrrell disappearance sues the state of NSW.

Police looking into historical sexual assault allegations against a one-time William Tyrrell suspect were aware of 1987 hospital records in which a young girl denied having been abused by the man, a court has heard.

Bill Spedding, a former person of interest in the Tyrrell investigation, is suing the State of NSW for malicious prosecution after he was charged and faced trial over unrelated sexual assault allegations relating to two girls in the 1980s.

Mr Spedding, 70, is arguing that he was arrested as a “collateral attack” in order to assist police in the Tyrrell inquiry.

His lawyers have argued that police were aware the allegations had previously been dismissed by another court and that the girls were pressured by adults to make up the claims.

The court was told on Thursday that Mr Spedding at one point became the prime suspect in the Tyrrell case after the three-year-old disappeared from his foster grandmother’s Kendall home on the NSW Mid-North Coast.

Mr Spedding has never been charged and has denied any wrongdoing.

The former washing machine repairman was linked to the case because he visited the foster grandmother’s home three days before William was last seen alive in September 2014.

Washing machine repairman Bill Spedding has denied with any wrongdoing in William Tyrrell’s disappearance. Picture: NCA NewsWire / Jeremy Piper

Mr Spedding’s home and business were raided in January 2015 and he was charged over the historical sexual assault allegations before he was ultimately cleared by a District Court judge in 2018.

By that time he had spent more than 50 days in custody and is suing the state for damages after his mental health, reputation, business and family relationships all suffered.

Detective Sergeant Sam Brennan - the lead detective in the historical sexual abuse investigation - denied allegations made by Mr Spedding’s lawyers that he did “did not honestly believe in the case” when it went to trial and knew it would fail.

“Nothing could be further from the truth,” Sergeant Brennan said.

Mr Spedding’s barrister Adrian Canceri contended the children had been “tutored” by two adults and the allegations had been “implanted into their minds”.

Sergeant Brennan told the court that during his investigation he became aware of a hospital report from April 1987 in which it was noted that one of the complainants in the historical sexual abuse matter had “vehemently” denied anything had happened.

But he said he was not “concerned”.

“There were more contemporaneous notes made four days later when disclosures were made supported by medical evidence,” Sergeant Brennan said.

The court was told on Thursday that Mr Jubelin was one of several current or former members of Strike Force Rosann who were due to be called as a witness by the state’s lawyers.

Mr Spedding is not taking legal action against Mr Jubelin, but the court has been told that Mr Spedding contends the former detective “had it in for him”.

Gary Jubelin is set to give evidence. Picture: NCA NewsWire/Joel Carrett.

Barrister Adrian Williams, who is representing the state, told the court that the historical sexual assault allegations were brought to the attention of police via an anonymous call to Crime Stoppers and Family and Community Services.

“Keep in mind the facts of this matter, this wasn’t something the police actively unearthed to get the plaintiff, they didn’t create something out of nothing,” Mr Williams said.

“The record of what is said to have happened in 1987 is real and somewhat extensive. The allegations were brought to the attention of police by others.”

William Tyrrell disappeared in September 2014. Picture: Supplied.

Mr Williams said it was not “sustainable” to argue that police had sought to use the historical sexual assault allegations to bring pressure on Mr Spedding for the purpose of the Tyrrell investigation.

However, Justice Ian Harrison questioned: “Didn’t Mr Jubelin say as much in his book?”

Extracts of Mr Jubelin’s book have been tendered as evidence by Mr Spedding’s lawyers.

“There’s a question of means and extent to which that’s done, there’s a distinction,” Mr Williams replied.

“The police are doing their best – these are high-stakes detectives dealing with homicide matters, a well-loved boy missing, a matter of significant public attention, tragically still not found.

“But there’s a question of whether anything done was mis-prosecution or it was merely something that arose and was dealt with separately.”

Mr Williams further told the court that Mr Jubelin came into the Tyrrell case after Mr Spedding was already being investigated over the historical sexual assault allegations

The hearing continues.

Originally published as Gary Jubelin to give evidence in former person-of-interest lawsuit