Get your act together, magistrate tells Gary Jubelin case cops

Police under fire at the trial of former cop Gary Jubelin, as new statements from new witnesses ‘magically appear’.

Former NSW Detective Gary Jubelin outside court. Picture: AAP

The magistrate overseeing the trial of former homicide detective Gary Jubelin has encouraged NSW police to “get their act together­” after new statements from new witnesses seemed to “magically appear” after the hearing had begun.

Magistrate Ross Hudson said in Sydney’s Downing Centre Local Court on Tuesday that the court was “extremely bemused” by the sudden arrival of two new statements and two new witnesses so late in the piece, with the trial under way since February 3, and the case against Mr Jubelin “living and breathing” since 2019.

Mr Jubelin was removed last year as head of the strike force investigating­ the disappearance of foster child William Tyrrell.

He was subsequently charged with four offences under the Surveillance­ Devices Act, specific­ally the recording of four conver­sations he had with a “person of interest”, Paul Savage, 75.

“How are police running this investigation?” said Mr Hudson, after being asked to permit testimony from two new witnesses. He referred to the court’s “disquiet and bemusement” at the situation.

Paul Savage. Picture: AAP

Having urged NSW police to “get their act together”, he permitted Detective Senior Constable Paul Apthorpe, who joined the strike force in February 2017, to give evidence, saying it could be “crucial” for the prosecution, “although it may cut both ways.”

Constable Apthorpe told the court that, by 2017, Mr Savage had “become the focus of the investig­ation” into William’s disappearance. Surveillance of Mr Savage began in earnest, and Constable Apthorpe was responsible for reviewing recordings collected by listening devices in his home.

He was also asked to review footage of Mr Savage on the walking track near his home, where police had placed a copy of William’s Spider-Man suit.

William Tyrrell. Picture: NSW Police

Constable Apthorpe said some detectives were of the view that Mr Savage did not see the suit the first time and that he reported it immediately upon seeing it the next day. He said Mr Jubelin was “adamant” that Mr Savage had seen it and failed to report it for 24 hours. He said Mr Jubelin had a tendency to “dismiss” exculpatory evidence.

Constable Apthorpe said the surveillance tapes had captured Mr Savage muttering to himself such things as, “Why are they targeting me?”, “Why are they going after me?”, “Why aren’t you going after the person who really did this?”, and “I didn’t have anything to do with this. This is bullshit.”

The court took evidence from Detective Senior Constable Louise Currey, who reviewed footage of Mr Savage coming upon the Spider-Man suit.

Mr Savage walked past it on July 26, 2017, but Constable Currey said there was debate as to whether he stopped for 12 seconds shortly after that because he had seen it.

Mr Jubelin believed Mr Savage­ had hesitated over the suit, but Constable Currey said surveillance footage was ambiguous.

The trial is continuing.