Gary Jubelin appeal: Plan sought ‘to hoodwink William Tyrrell kidnap suspects’

A police strategy designed to hoodwink kidnap suspects was behind Gary Jubelin’s decision to illegally record a person of interest, an appeal court has heard.

Gary Jubelin. Picture: Joel Carrett

A “unique” police strategy designed to hoodwink kidnap suspects into sharing key evidence was behind former NSW detective Gary Jubelin’s decision to illegally record a person of interest in toddler William Tyrrell’s di­s­appearance, an appeal court has been told.

The veteran homicide detective was convicted and fined $10,000 in April for making four illegal recordings in 2017-18 while investigating three-year-old William’s 2014 disappearance on the NSW mid-north coast.

Paul Savage, 75, was for a time suspected of being involved in the abduction and was the “only person” who had heard the toddler playing outside his foster grandmother’s home at Kendall before he vanished on September 12.

Defence barrister Margaret Cunneen SC on Thursday said Mr Jubelin inherited a case with “thousands” of shortcomings that was also “woefully under-resourced”. To get the investigation on course, he incorporated “a novel investigative strategy” that involved forming a “friendly” relationship with Mr Savage.

As part of the strategy, he was permitted to interview Mr Savage without a second detective. He then recorded the widower on his police-issued mobile phone on four occasions in breach of the Surveillance Devices Act, the court heard.

The prosecution said Mr Jubelin became “like a dog with a bone” in regards to Mr Savage, a man who talked to himself inside his home and was caught on police surveillance saying to his dead wife “make sure you don’t tell anyone love, they’re right after me”.

His behaviour prompted the NSW Supreme Court to agree to issue warrants that let police install listening devices in his home.

Mr Jubelin has maintained from the outset that he recorded Mr Savage for legitimate operational purposes and he was motivated to do so by a wish to protect his lawful interest.

However, the fourth tape was made in December 2018 when the warrants had expired.

No one has been charged over William’s disappearance. Mr Savage denies any involvement.

Ms Cunneen said Mr Jubelin had “never arrested, never charged and never prosecuted” Mr Savage, which proved he had not “stripped away” his privacy when he recorded him.

The appeal continues.