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But prosecutor Philip Hogan said that was an excuse Jubelin came up with after finding himself in hot water over his "entirely improper inquisition on a vulnerable old man".
Jubelin violated Mr Savage's rights in circumstances where he didn't care if he was breaking the law or not, he said.
Mr Hogan accused Jubelin, 57, of making speeches instead of answering questions, avoiding responsibility for his actions, shifting blame and being untruthful.
A decision to find Jubelin had a legitimate interest in recording the conversation would render "comprehensive frameworks" around privacy and police surveillance "completely useless", the prosecutor said.
"The defence that has been asserted simply doesn't exist. No individual police officer is above the law."
Magistrate Ross Hudson reserved his decision until April 6.
Tyrrell family blast police 'agendas'