William Tyrrell’s foster parents face court over alleged intimidation of child

A recording of “smack” sounds has been referenced in court as William Tyrrell’s foster mum admitted to assaulting a child and faces a hearing over intimidating them.

A recording with the sounds “smack, smack smack” has emerged as William Tyrrell’s former foster parents were accused in court of repeated threats of violence against a child.

The woman, who cannot be named for legal reasons, admitted in Parramatta Local Court to assaulting the child twice — including kicking them in the thigh — but has denied intimidating them.

At the start of a five-day hearing into the contested charges before Magistrate Susan McIntyre, the court heard the repeated alleged threats spanned several months in 2021.

The woman pleaded guilty to two common assault charges and not guilty to two counts of stalking or intimidating a child with intent to cause fear of physical harm.

Tyrrell’s foster parents at an earlier court appearance. Picture: NCA NewsWire/Jeremy Piper

Her 56-year-old husband pleaded not guilty to one count of common assault and one count of stalking or intimidating the same child, who is not William.

Police prosecutor John Marsh accused the woman of threatening the child with violence if they continued to misbehave on several occasions in 2021.

But defence lawyer John Stratton SC, argued to criminalise her alleged behaviour would be to “criminalise every household”.

“(In one) incident (the) defendant said that if she continued to behave like that she would slap her. The chastising is not criminal activity, nor constitutes evidence of violence,” he said.

“(In another incident) you’ll see a reference to ‘smack, smack, smack,’. The only evidence is recorded but it’s not clear if it’s caused from striking a desk or a wall”.

Mr Marsh told the court it was conceded “smack, smack, smack” described the sound heard on the recording.

Mr Stratton also referenced an alleged incident in which the woman threatened the child so they would stop using their mobile phone.

“On June 11, 2021, there’s a vague threat but no administration of violence and it’s in the context of lawful chastisement,” he said.

But Mr Marsh told the court the evidence showed the foster mother “at relevant times knew her conduct was likely to cause fear but nonetheless continued”.

“It is a cumulative effect of ongoing circumstances where (she) is made explicitly aware that certain things said to (the child) caused fear.

“This is certainly not like every other household in australia.”

No-one has been charged over Tyrrell’s disappearance

There is no suggestion the charges are linked to William’s mysterious disappearance.

On Monday afternoon, magistrate McIntyre allowed the tendency evidence regarding allegations of threats of violence to be admitted.

“I would categorise the material relied upon in relation to (the) conduct as threats and warnings as to what will happen in relation to continuing behaviours,” she said.

Magistrate McIntyre said the allegations relate to there being “some kind of physical violence should (behaviour) continue”.

She said they also included threats of humiliation or punishment regarding the child’s inappropriate hygiene and “bodily control”.

On September 12, 2014, three-year-old Tyrrell went missing from his foster grandmother’s house at Kendall on the NSW mid North Coast when he was aged three.

The mystery sparked national headlines and has become one of the state’s most high profile cold cases.

No-one has been charged over William’s disappearance and suspected death, and his foster parents have continued to deny any wrongdoing.

Separately to the assault and stalking charges, the couple are accused of making fake bids at an auction for their Sydney property.

These matters were briefly heard Monday morning, after they earlier pleaded not guilty to one charge each of dishonestly obtaining a financial advantage by deception last month. Those charges were then downgraded to lesser regulatory charges.

The court heard couple will admit they engaged a man to make false bids at an auction for their Sydney property in early December 2020.

It’s understood evidence of the dummy bidding emerged after listening devices were placed by detectives investigating the disappearance and suspected death of Tyrrell.

The auction bidding matter was set aside so the court could deal with the alleged intimidation offences.

The hearing continues.

- With NCA Newswire