William Tyrrell suspect awarded $1.5m in state’s ‘worst case’ of malicious prosecution

The state has failed to overturn a judgment that found Bill Spedding was the subject of NSW’s most brutal case of malicious prosecution.

William Spedding pictured in grey suit walking into Supreme Court. NSW Picture: NewsWire / Monique Harmer

One-time William Tyrrell suspect Bill Spedding will be paid $1.5m in damages after the state failed to overturn a judgment that found he was the subject of the state’s “worst case” of malicious prosecution.

The former washing machine repairman successfully sued the state arguing the police pursued baseless historical sexual assault allegations against him, to put pressure on him while he was being investigated by Strike Force Rosann – the squad assembled to investigate the missing toddler.

Mr Spedding, 70, was cleared of the historical sexual assault allegations following a trial in 2018, which heard the allegations had been falsified. He argued he was arrested despite a lack of evidence in order to assist police in the Tyrrell inquiry. He was also cleared of involvement in the toddler’s disappearance.

Bill Spedding pictured as he leaves the NSW Supreme Court. Picture: NCA NewsWire / Damian Shaw

Mr Spedding was arrested by Port Macquarie police in 2015 over allegations of sexual assault against two girls in the 1980s, and was held in solitary confinement for over a week before his transfer to Cessnock Maximum Security Prison. He was wrongfully imprisoned for 58 days before being given bail.

Mr Spedding became a primary person of interest after it was revealed that he had visited the home of William’s former foster grandmother to fix their washing machine three days before the three-year-old’s disappearance, prompting police to raid his home and business in search of clues.

In the initial malicious prosecution trial, the court heard that detectives involved in Mr Spedding’s arrest, including Gary Jubelin and Justin Moynihan, verbally abused him.

“We know you did it, we’re going to get you, I’m going to come and arrest you,” Mr Moynihan allegedly told him.

Mr Spedding argued that Mr Jubelin “had it in for him”, claiming that in an unrecorded interview between them and two other officers, Mr Jubelin had leaned ­towards him and threatened him.

“Mr nice washing-machine man, I’m going to ruin you,” Mr Jubelin allegedly said.

Missing boy William Tyrrell wearing the Spiderman suit in which he disappeared in.

Mr Spedding’s lawyers argued police were aware the allegations had previously been investigated and that the girls were pressured by adults to make up the claims.

In the appeal judgment, handed down on Wednesday, Chief Justice Andrew Bell, Justice Kathryn Ward and Justice Christine Adamson said Mr Spedding’s case was the worst case of malicious prosecution the state had seen.

“The high-handed, self-serving, grand-standing undermining of the criminal justice system by the relevant police officers in arresting, charging, opposing bail and maintaining the prosecution against Mr Spedding has no relevant comparator in the reported cases in NSW,” the judges said.

“One can only hope that its standing as the worst case is never repeated and is never superseded by conduct that is even worse.”

After following several leads over many years police have turned their attention to William’s foster mother, who is not able to be named, for consideration of charges over the little boy’s disappearance.

As part of their investigation, she was charged with common assault after allegedly hitting a 10-year-old girl with a wooden spoon, and then kicking her on the floor. The foster mum has pleaded not guilty.

Detectives have been telling reporters off-the-record that William may have fallen from a second-storey balcony at the Kendall property; and they say his foster mum might have hidden his body, rather than face possible charges, and lose her status as a foster carer.

However, William’s foster mother has always strenuously denied any involvement in William’s disappearance and there have been no charges laid against her regarding his disappearance.

Outside court, Mr Spedding said that after a difficult nine years, he was very happy with the outcome. “NSW Police destroyed my livelihood and my family. But today for me, justice is done,” he told reporters.

The state’s appeal was dismissed and they were also ordered to pay Mr Spedding’s legal costs for the appeal.