Gary Jubelin says he's disappointed after being found guilty of making four illegal recordings while leading the police investigation into NSW toddler William Tyrrell's disappearance
During a lengthy judgment handed down in Sydney's Downing Centre Local Court on Monday, magistrate Ross Hudson was scathing in his assessment of the former detective chief inspector's conduct.
Jubelin contested allegations he breached the Surveillance Devices Act when he recorded four conversations with the Tyrrell family's elderly neighbour Paul Savage in 2017 and 2018.
At the time, Mr Savage was a person of interest after three-year-old William vanished in September 2014 while playing at his foster grandmother's home in Kendall on the NSW mid-north coast.
No one has been charged over William's disappearance. Mr Savage denies any involvement.
"Obviously I'm disappointed by the decision of the court. But given I've been putting people before the court for the past 32 years, it's important I respect the decision of the court," Jubelin said outside court.
"I thought I had a lawful reason to record the conversations."
However, Mr Hudson rejected Jubelin's defence that he was protecting his lawful interests when he made the recordings on his mobile phone.
"This was above and beyond legality," Mr Hudson said during his three-and-a-half-hour judgment.
"This was 'I'm going after Savage'."
Mr Hudson described Jubelin's testimony as an "untenable and unbelievable version" constructed to "fit into the defence".
He described him as "a person playing a role" and his evidence as "self-evidently partisan" and "self-serving".
He said the detective pursued the widower "in the hope that against the tide of evidence, or lack thereof, that he would for some reason crack."
During a 10-day hearing in February, Mr Savage told the court he was unaware he was being recorded during the four conversations in November 2017, May 2018 and December 2018.
While Mr Savage was the subject of surveillance warrants at the time, the devices used by Jubelin to record the conversations were not authorised.
Jubelin - who quit the force in 2019 - defended the recordings, saying they were made to protect himself in the event Mr Savage made a complaint or self-harmed.
But Mr Hudson rejected his assertions and said he doggedly pursued Mr Savage without any proof of his involvement in William's disappearance.
"What evidence is there? There's no DNA, no fingerprints, no one saw him go to the backyard where William Tyrrell was ... He's picked Mr Savage and he's pursuing him at all costs," Mr Hudson said.
During the hearing, Jubelin aired claims that then-homicide commander Superintendent Scott Cook in 2017 said "no one cares" about the missing toddler.
Supt Cook denied the accusation and NSW Police Commissioner Mick Fuller issued a statement supporting him, describing him as "exemplifying the definition of a leader".
William's foster mother said Supt Cook made similar remarks to her in 2019.
Jubelin will be back before the court for sentencing on Wednesday.
Australian Associated Press
