William Tyrrell’s foster father has big legal win

William Tyrrell’s foster father has had a charge of intimidation quashed on appeal after finding that prosecutors failed to lead evidence about a key issue.

William Tyrrell’s foster father has had his conviction for intimidating a child thrown out on appeal, after a judge found his words during a heated argument were those of a “stressed” and “frustrated” parent, a court has heard.

The man on Monday afternoon appeared in Sydney’s Downing Centre District Court as he had his conviction quashed for intimidating a child relating to an incident during which he yelled and swore at the child as he took them to school in November, 2020.

The charge related to a child who is not William.

As part of the investigation into William’s disappearance, police planted surveillance devices in the home and car of William’s foster mother and father, who were subsequently charged with several offences.

The foster father, who cannot be identified, was last year found guilty of one count of intimidating the child, with the court hearing the foster father had shouted and sworn at the tearful child while driving them to school.

However, Judge Sean Grant on Monday told the court it was a “curious, if not inexplicable” feature of the case that no questions were asked of the child about the incident, and whether they felt intimidated, when they gave evidence at a local court hearing last year.

William Tyrrell's foster mother and father arrive at the Downing Centre District Court on Monday. Picture: NewsWire/Nikki Short.

In a recording previously played to the court, the foster father could be heard admonishing the child for not closing the front door before telling them “every f***ing day” and later to “move, f***ing, move”.

He also called the child a “f***ing stupid little sh*t”, the court heard.

He was found guilty in March last year and handed a 12-month good behaviour bond by magistrate Susan McIntyre.

However, he appealed to the District Court in an effort to have his conviction overturned on appeal with Judge Grant on Monday afternoon dismissing the charge.

William Tyrrell's foster parents. Picture: NewsWire/David Swift

Judge Grant observed that in the child’s evidence to the court, they were not asked whether they felt intimidated.

“(The child) was not interviewed by police in relation to this conduct and no evidence was adduced by the prosecution over the course of the five-day hearing before the magistrate,” Judge Grant said.

“There was no evidence that (the child) felt intimidated.”

He also noted that on the recording, the child was already crying as they entered the vehicle.

“The causative factor of (the child’s) distress is the early argument which had taken place in the house,” Judge Grant said.

“(The child’s distress) continues in the motor vehicle.”

William Tyrrell disappeared in 2014. Picture: Supplied.

He said that the man’s actions were similar to other parents “in those circumstances - a person who was stressed and using a loud and frustrated tone of voice to urge the child to close the door and get inside the car so they could make it to school in time.”

William’s foster mother is separately appealing her conviction after she was found guilty of intimidation relating to threats to slap the child during heated arguments.

The woman was also sentenced for two counts of assault after she pleaded guilty to kicking the child and hitting her with a wooden spoon.

The foster mother was sentenced to a 12-month community corrections order.

She is also appealing against her sentence and convictions and is scheduled to face an appeal hearing later this year.

William hasn’t been seen since vanishing as a three-year-old in 2014 while at his foster grandmother’s home at Kendall on the NSW Mid-North Coast.

No one has ever been charged over William’s disappearance and a following a long-running inquest, a coroner is expected to hand down her findings later this year.

Originally published as William Tyrrell’s foster father has big legal win