Australia Australia - William Tyrrell, 3, Kendall, Nsw, 12 Sept 2014 - #47

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What are your thoughts if historical accusations where considered reasonable at the time - therefore investigation proceeded based on reasonable assumption of pending historical case? If that makes sense!

If there was a reasonable basis for charging Spedding at the time, and IF that’s the basis for the malicious prosecution claim, then the malicious prosecution claim wouldn’t be made out.

But I have to say that I was very uncomfortable when the historical charges were laid, given the timing of the charges and the fact that bail was so vehemently opposed on historic charges. The judge for the bail hearing gave a very clear caution to prosecution about using the Tyrrell investigation to bolster the historical charges. It seemed to me like an abuse of process at the time. Of course, I have no inside knowledge of this case. They were just my concerns at the time.
 
Just thinking about this. Old Col has gone strangely quiet, considering he was so vocal about it early on. Wonder what's happened there? Wonder if they're still mates? Maybe he's too busy with darts. Just all my own musings.
 
I can see your confusion.
The smallest things matter, and reading continuously that call logs were deleted without explaining exactly what these calls were is just misleading or not much thought put into the articles..
Ffc calls bs and leaves a message (a voicemail msg)
Just thinking about this. Old Col has gone strangely quiet, considering he was so vocal about it early on. Wonder what's happened there? Wonder if they're still mates? Maybe he's too busy with darts. Just all my own musings.


I'm not sure about the amount of thought that went into the articles. To me it sounds as if the call log records for the voicemail/phone calls were deleted. Maybe there is some confusion about what was said at the inquest? Or Colin himself was confused, or didn't know how to describe things accurately. Seems the DT quoted Colin directly.


A friend of Mr Spedding’s said yesterday that police had questioned Mr Spedding about “why the phone calls were no longer in the call log on his mobile phone.”
We’re for Sydney | Daily Telegraph
 
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Of course finding that article now is difficult.. I have to come back on this.

I don't know whether Rodney said that it was fair that the police were investigating his father, but he did say that the media hounding his father was unfair. In the same way that Jubes said the same thing.
However, Rodney did say that his father was supposed to go to FGM's that day. So maybe he did think that it was fair that Spedding was being investigated.


Rodney Spedding said his father had been unfairly harassed by the media, even though a number of other homes and properties had been searched by police - some up to three times, he believed.
Police have repeatedly said Mr Spedding was not a suspect but a person of interest.
Son says father unfairly harassed by media

He says his father was due to go to William’s grandmother’s house on the day William disappeared, to fix her washing machine ..... He says his father told him that he phoned the grandmother to say he would not be coming to fix the washing machine.
NoCookies | The Australian
April 18, 2015
 
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If there was a reasonable basis for charging Spedding at the time, and IF that’s the basis for the malicious prosecution claim, then the malicious prosecution claim wouldn’t be made out.


According to paper, court documents show the NSW Department of Family and Community Services had case notes dating back to 1987 that detail allegations that Mr Spedding had assaulted two girls, aged three and six, in Sydney.

“Police have been informed the offences … were not pursued formally by police at the time of disclosure due to concerns as to the welfare of the victims, given their tender age,” a fact sheet said.
Mother demands answers after Bill Spedding arrest


Ms Sharma said Spedding was interviewed in 1987 but the case didn't progress because of the victims' young age.
Spedding makes bail bid on sex charges
 
Of course finding that article now is difficult.. I have to come back on this.

Is this it?

Aimy Spedding said her family understood police had to follow all possible leads but felt that draining a septic tank and digging up Mr Spedding's backyard on Wednesday were "extreme".
"The police have obviously got to follow up lines of inquiry but the way they have gone about it is extreme," she said."They are obviously between a rock and a hard place because they are being driven by the public for an answer.
"We've found it completely confronting and concerning that it's supposedly an anonymous tip. Who knows if it was?"

https://www.smh.com.au/national/nsw...arance-of-william-tyrell-20150122-12vs8f.html
 
Is this it?

Aimy Spedding said her family understood police had to follow all possible leads but felt that draining a septic tank and digging up Mr Spedding's backyard on Wednesday were "extreme".
"The police have obviously got to follow up lines of inquiry but the way they have gone about it is extreme," she said."They are obviously between a rock and a hard place because they are being driven by the public for an answer.
"We've found it completely confronting and concerning that it's supposedly an anonymous tip. Who knows if it was?"

https://www.smh.com.au/national/nsw...arance-of-william-tyrell-20150122-12vs8f.html

Here's another one as well ....

Ms Handsaker, who lives near in Werris Creek near Tamworth, said she supported the decision by police to search her uncle’s home but said she had been disappointed in the media attention her uncle received.
We’re for Sydney | Daily Telegraph
 
Is this it?

Aimy Spedding said her family understood police had to follow all possible leads but felt that draining a septic tank and digging up Mr Spedding's backyard on Wednesday were "extreme".
"The police have obviously got to follow up lines of inquiry but the way they have gone about it is extreme," she said."They are obviously between a rock and a hard place because they are being driven by the public for an answer.
"We've found it completely confronting and concerning that it's supposedly an anonymous tip. Who knows if it was?"

https://www.smh.com.au/national/nsw...arance-of-william-tyrell-20150122-12vs8f.html
This was all I could come up with, but similar but knew the surname was not spedding. It's the one you found below. Thank you!
 
According to paper, court documents show the NSW Department of Family and Community Services had case notes dating back to 1987 that detail allegations that Mr Spedding had assaulted two girls, aged three and six, in Sydney.

“Police have been informed the offences … were not pursued formally by police at the time of disclosure due to concerns as to the welfare of the victims, given their tender age,” a fact sheet said.
Mother demands answers after Bill Spedding arrest


Ms Sharma said Spedding was interviewed in 1987 but the case didn't progress because of the victims' young age.
Spedding makes bail bid on sex charges
I don't even want to go there on articles I found whilst looking for family supporting and understanding the police initially.. looks you ended up in the same areas I was.

Edit...

No doubt those articles are reminants on what has already been removed.
 
If there was a reasonable basis for charging Spedding at the time, and IF that’s the basis for the malicious prosecution claim, then the malicious prosecution claim wouldn’t be made out.

But I have to say that I was very uncomfortable when the historical charges were laid, given the timing of the charges and the fact that bail was so vehemently opposed on historic charges. The judge for the bail hearing gave a very clear caution to prosecution about using the Tyrrell investigation to bolster the historical charges. It seemed to me like an abuse of process at the time. Of course, I have no inside knowledge of this case. They were just my concerns at the time.

<modsnip>

Can I ask you your thoughts on when MS gave her evidence at the coroners court, that BS was able to sit in the court room & listen to her evidence before giving his own evidence ?? I didn't think this was allowed & found it a bit concerning.
 
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<modsnip: quoted post was modsnipped>

Can I ask you your thoughts on when MS gave her evidence at the coroners court, that BS was able to sit in the court room & listen to her evidence before giving his own evidence ?? I didn't think this was allowed & found it a bit concerning.

Inquests are just investigations and are usually in open court unless there are grounds for the court to be closed for specific reasons such as an informant giving evidence or police operational sensitivities. From what I read, there was nothing in MS evidence to warrant closing the court. If BS was on trial, he would be entitled to hear her evidence before he gave evidence himself. I don’t see anything untoward about it.

Inquests are quite often a moving feast due to the way evidence unfolds. The Crown doesn’t present its case which the defence then addresses (as per a criminal trial). Often the Coroner will decide to call a witness and no one has any idea what that witness will say. Parties often agree to absent themselves if there is a witness not relevant to them even if only to make space for all the other parties. Sometimes the Coroners Court can get pretty cramped. The normal rules of evidence don’t apply and most lawyers will work together to find a practical solution to space and time constraints. For example, the witness who says he saw a small boy in a car probably doesn’t want to pay a lawyer to sit through a four week inquest so he will only be there for the portions that are relevant to that witness.
 
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Inquests are just investigations and are usually in open court unless there are grounds for the court to be closed for specific reasons such as an informant giving evidence or police operational sensitivities. From what I read, there was nothing in MS evidence to warrant closing the court. If BS was on trial, he would be entitled to hear her evidence before he gave evidence himself. I don’t see anything untoward about it.
Thanks , from my experience being involved in a coronial inquest, I was not allowed to sit in court until after I had given evidence, so I assumed this was how all coronial inquests worked.
 
Thanks , from my experience being involved in a coronial inquest, I was not allowed to sit in court until after I had given evidence, so I assumed this was how all coronial inquests worked.


A witness is a person who knows something about the case. The Counsel assisting the Coroner and the lawyers ask the witness questions and the witness gives evidence about what they know. There is often more than one witness. Witnesses are not allowed to talk about the case to other witnesses.

Witnesses sit in a seat called the witness box, and speak into a microphone. Sometimes a witness gives their evidence by video link. Witnesses are allowed to stay inside the courtroom after they have finished giving evidence.

Who's who in the hearing room
 
I think they all adopt their own idiosyncratic rules, as long as they comply with the Act. Quite often in courts I hear Sheriffs tell people they aren’t allowed in court until their matter is called on, just because they don’t want the court full!
 
I don't even want to go there on articles I found whilst looking for family supporting and understanding the police initially.. looks you ended up in the same areas I was.

Edit...

No doubt those articles are reminants on what has already been removed.


Have articles been removed? There is still a ton of stuff out there. Very explicit details, too.

I thought they only had to remove the convicted pedo stuff.
 
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