‘Big hole’ in intimidation case against William Tyrrell’s foster father

A judge has told a court that there is a “big hole” in the case against William Tyrrell’s foster father after he was convicted of intimidating a child.

The case against William Tyrrell’s foster father has a “big hole” in it, a judge has told a court, as the man attempts to overturn his conviction for intimidating a child.

The man – who cannot be identified for legal reasons – on Monday appeared before Downing Centre District Court – as he seeks to have his conviction quashed relating to an incident during which he yelled at the child as he took them to school on November 23, 2020.

The charge relates to a child who is not William.

William’s foster mother and father were charged with several offences after police planted surveillance devices in their home as part of the investigation into William’s disappearance.

The foster father was last year found guilty of one count of intimidating the child.

The court was told the foster father had sworn and shouted at the child, causing her to cry while on the way to school.

In a recording played to the court on Monday, the foster father could be heard telling the child “every f***ing day” and later to “move, f***ing, move”.

William Tyrrell's foster father and mother are appealing their convictions. Picture: NewsWire/Damian Shaw.

He also called the child a “f***ing stupid little sh*t”, the court was told on Monday.

The court was also played another later recording during which he told the child he would never physically harm them.

“I would never touch you,” the man said.

He was last year handed a 12-month good behaviour bond by magistrate Susan McIntyre however is attempting to have his conviction overturned on appeal.

During an appeal hearing before judge Sean Grant on Monday, the man’s barrister Phillip English told the court that his client did not intend to intimidate the child, rather he wanted to get them to school so he could then get to work.

Mr English argued they were “instructions by an exasperated parent to a child to get (the child) into the car and to close the front door so they could respectfully get to school and work”.

He said the man’s words were not “something that would cause a person to fear for his or her safety”.

Judge Grant observed that in her evidence to the court, the child was not asked whether they felt intimidated as a result of the incident.

“It’s a big hole, isn’t it?” Judge Grant said.

As well, the court was told that the child spoke to a teacher about the incident when they got to school.

The court was told the teacher later said it seemed a “trivial” incident with a caregiver.

William Tyrrell disappeared in 2014. Picture: Supplied.

Crown prosecutor Emma Blizard argued that a person could be both exasperated and intimidating.

Judge Grant will hand down his judgment on the conviction appeal next Monday afternoon.

Separately, William’s foster mother 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 will face a 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.

Deputy State Coroner Harriet Grahame is expected to later this year hand down her findings following an inquest into William’s disappearance and suspected death.

Originally published as ‘Big hole’ in intimidation case against William Tyrrell’s foster father