Gary Jubelin trial: Prosecutor urges judge to find former detective guilty of illegal in William Tyrrell investigation

Gary Jubelin knew he was breaking the law when he made illegal recordings investigating William Tyrrell’s disappearance, prosecutor says.

Gary Jubelin knew was breaking the law when he made illegal recordings investigating William Tyrrell’s dissaperance, prosecutor says. Picture: AAP

“No police officer is above the law.”

With those words, Crown prosecutor Phil Hogan urged the magistrate in the Downing Centre local court to find former detective Gary Jubelin guilty of breaching the Surveillance Devices Act by recording four conversations with a “person of interest” in the William Tyrrell case without the proper warrant being in place.

Mr Hogan told the court it would be “absurd” to presume that any police officer in any criminal investigation could simply decide to record private conversations with suspects to protect their own interests.

“The defendant didn’t care whether the way he questioned (the person of interest) Mr Paul Savage was proper or improper,” Mr Hogan said.

“He didn’t care whether the recordings he made were lawful or not.

“He was not an impressive witness … he was more interested in making speeches than answering questions

“Making speeches to justify his actions, to avoid responsibility for his actions, to shift the blame for his actions.

“Making speeches that weren’t truthful.”

“Police officers are subject to the law,” Mr Hogan said.

“They have to act within the law. No individual police officer is above the law. No dispute this is a tragic, tragic case, the disappearance of William Tyrrell.”

But, he added, “no matter how frustrating the investigation, no matter how scarce the resources are” the law had to apply.

But Mr Jubelin’s barrister, Ms Margaret Cuneen SC, said there could be no privacy attached to three of the relevant conversations.

Former NSW Detective Gary Jubelin (left) and his barrister Margaret Cunneen SC arrive at the Downing Centre Local Court in Sydney on Friday. Picture: Peter Rae/AAP

The Supreme Court had issued a warrant for listening devices to be placed in Mr Savage’s house, on his phone and on his landline.

The Crown has argued that the warrant didn’t apply to Mr Jubelin’s mobile.

Ms Cunneen said the warrant could easily be extended to his mobile, “which is a recording device.”

The police listening devices often failed, she said, and “we can only be thankful that records were made of these conversations in the context of the extraordinary attack which has been made upon a veteran homicide investigator with a totally unblemished record as a police officer.

“Mr Jubelin has been called a liar in these proceeding and we believe that is most unfortunate,” Ms Cunneen said.

“He had not lied about anything. He has been very frank with your Honour

“The listening devices regularly failed … It was the only way he could ensure that there would be a record

“He’s literally seen people get away with murder where lawful surveillance devices have failed to operate.”

Ms Cunneen readily conceded that there was no warrant in place for the fourth conversation, recorded on 28 December 2018, after Mr Savage called Mr Jubelin to complain about the dust that had been left in his car, after it was forensically tested.

“It was probably the last thing he needed on the 28th of December,” Ms Cunneen said of Mr Jubelin, who was on leave at his recently widowed mother’s house, but “he didn’t shrink from his duty.”

“He rang his commander. He wasn’t told not to go. He went on his own to try to see whether this conversation may lead to an answer in relation to William Tyrrell,” Ms Cunneen said.

“There wasn’t a week in order to a get a warrant. He was not in Sydney. He was not even on duty.

“The only thing he could do was use his phone to capture that conversation. As it turned out, nothing untoward happened, and he did nothing with that conversation.”

Mr Savage has never been charged with any crime related to William Tyrrell, and denies wrongdoing.

The evidence in Mr Jubelin’s trial is now complete. A verdict will be delivered on 6 April.