GENERIC HEADER NEWS MISSING PERSONS

Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #41

Discussion in '2010's Missing' started by Coldpizza, Sep 11, 2016.

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  1. papertrail

    papertrail Former Member

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    In a police investigation a warrant application to record conversations with a person of interest is made to a magistrate or judge. If you read the transcripts of Cowan's trial and the Coronial Inquest this will show you the process.

    With regard to the processes involved in NSW the Surveillance Devices Act NSW shows very clearly the steps required for law enforcement officers to follow.

    I understand your sentiments totally but the last thing any of us would want or seek is a successful prosecution to be at risk of a conviction quashed because a police investigator acted outside the law in order to investigate and prosecute. All persons are held to be innocent until successfully convicted. The Laws are set down to ensure justice prevails. A police officer acting outside the law puts justice at risk and does not fulfill their sworn obligation to uphold the law.

    SURVEILLANCE DEVICES ACT 2007
     
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  2. purpleandgreen

    purpleandgreen Well-Known Member

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  3. purpleandgreen

    purpleandgreen Well-Known Member

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    Did I miss something? All I could see were supportive comments......
     
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  4. papertrail

    papertrail Former Member

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    I do not assume anything. But for a DCI to be involved in a physical altercation with his DS who is the lead investigator is not professional IMO.
     
  5. purpleandgreen

    purpleandgreen Well-Known Member

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    ^^^^^^^^ a verbal disagreement between two officers. A link was provided.
     
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  6. papertrail

    papertrail Former Member

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    Listen to Mrs Leveson she supports GJ at the same time confirming a conversation had been recorded by GJ without warrant. She indicates it is ok with her but that is not the point. If the recording was done without a warrant it was done unlawfully. She has unwittingly supported the allegation against GJ.

    The public in general do not understand how serious these infractions can be with regard to the possibility of a failed prosecution of an offender.

    I do feel for Gary Jubelin and the position he has put himself into according to what is currently published in the media.
     
  7. papertrail

    papertrail Former Member

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    I provided a pressreader link upthread where it is detailed the altercation was physical.

    Edit...link reposted below.
     
    Last edited: May 26, 2019
  8. papertrail

    papertrail Former Member

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  9. Lemony

    Lemony Well-Known Member

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  10. Lemony

    Lemony Well-Known Member

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    According to Mark Leveson the recorded conversation related to a personal matter, nothing to do with police work. It was recorded at Mark's suggestion, so Gary had permission. Nothing unlawful about it IMO
     
  11. papertrail

    papertrail Former Member

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    If the Leveson's consider it personal then why did Jubelin record it? What was his motive? If the recording was done during an active investigation a warrant would be required I have no doubt. There was a reason in Jubelin's mind to record. The Leveson's opinion does not necessarily support what lawful requirements are.

    Anyway it certainly appears by current allegations that Jubelin is alleged to have recorded a discussion / conversation whilst speaking to people in the Tyrrell inquiries. The news broadcast that was linked today indicates there is more than 1 allegation of recording unlawfully in the Tyrrell investigation.

    Anyhow this thread is not about Jubelin. It is about what happened to William. Where is dear sweet William?
     
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  12. SouthAussie

    SouthAussie Well-Known Member

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    That's right. And for all we know, the recording could have been Mark Leveson giving the okay for Gary to go ahead and try to get permission for a deal with Matthew's killer .... prior to the deal being struck with Atkins to give up the location of Matthew's remains in exchange for no prosecution for perjury.
    That was a personal matter. And it was a personal matter that was taken up with the Attorney General on behalf of Matthew's parents.
    It had nothing to do with the police murder/manslaughter case, per se, it was to do with the Leveson's greatest wish to find Matthew's remains.


    The man who buried his body 10 years ago and lied about it for more than nine years will not be going to jail, because of a deal made by police with approval from grieving parents Mark and Faye Leveson, who just wanted to find their son.
    He buried the body and lied to police, but Michael Atkins won't go to jail — here's why
     
    Last edited: May 27, 2019
  13. purpleandgreen

    purpleandgreen Well-Known Member

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    Where is William? Jubelin knows, IMO.
     
  14. FromGermany

    FromGermany Well-Known Member

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    Who will later on decorate himself with GJ's (beautyful) feathers?
     
  15. SouthAussie

    SouthAussie Well-Known Member

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    What if the recorded conversation in question is one between Jubes and a now-deceased person? <modsnip: removed name of non POI/suspect's relative> A now-deceased person who may have been on drugs for an illness at the time. A person who was not interviewed or recorded in a police setting as they may have been ill in their own bed or in hospital.

    Jubes may have got the person's permission for the recording (he insists he did nothing wrong) but someone else has a personal gripe against Jubes and so they have reported him on the technicality that he did not have a warrant for that recording.

    He was accused of ...... using a mobile phone to illegally record without a warrant.
    https://www.smh.com.au/national/nsw...fter-tyrrell-controversy-20190525-p51r6o.html


    Little did he know that he would be stabbed in the back by a fellow officer.

    Just musing on a theory ......

    https://www.sydneycriminallawyers.com.au/blog/the-law-in-nsw-recording-conversations/
     
    Last edited by a moderator: May 27, 2019
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  16. Lemony

    Lemony Well-Known Member

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    Papertrail, a personal matter that has nothing to do with police work does not require a warrant.
    Mark is an accountant, for all we know he may have been giving GJ financial advice.
     
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  17. frogwell

    frogwell Former Member

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    <modsnip> GJ recorded a suspect without a warrant.
     
    Last edited by a moderator: May 27, 2019
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  18. bearbear

    bearbear Well-Known Member

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    unless the recording was of a suspect who hasnt been publicly named as a suspect yet?
     
  19. SouthAussie

    SouthAussie Well-Known Member

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    I am sorry if I have been misunderstood ... I was not suggesting that either Savage or his wife were suspects or POIs.
    Paul Savage has been slated as a witness at the inquest, and his wife may have been called for that duty also ... if she was not now deceased.

    They were two of FGM's closest proximity neighbours. With perhaps one of the best vantage points to have seen something that fateful morning.

    EDIT: I hadn't read that Jubes recorded a suspect, just that he recorded without a warrant (as per my previous post).
    But I have now searched specifically for those terms, and see that some MSM are claiming it was a suspect he recorded. No official police statement on that, though. Not that I can see.
     
    Last edited: May 27, 2019
  20. frogwell

    frogwell Former Member

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    Yes, to clarify the alleged misconduct of GJ.....


    Detective Chief Inspector Gary Jubelin, 57, was taken off the case in January after he was accused of secretly recording a suspect without permission or a warrant.

    He was also accused of bullying staff - but strongly denied any wrongdoing.

    Families of murder victims vent their anger after cop resigns | Daily Mail Online
     
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