Magistrate Ross Hudson begins by reading to the court the four charges against Jubelin. He will deliver verdicts for each of the four charges, all relating to recording conversations with Savage in 2017 and 2018.
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Magistrate Hudson tells the court he is required to be satisfied beyond reasonable doubt Jubelin did not have a lawful reason to record the conversations. Telling the court “even grave suspicion cannot substitute for beyond reasonable doubt”.
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Magistrate Hudson told the court “there were differing views in relation to the strike force and who appropriately should or shouldn’t be a target”. He said “I will conclude there was tension and there were differing views in the Strike Force”.
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Magistrate Hudson told the court Detective Laura Beacroft confirmed in her evidence “there was a backlog of material” from the listening devices.
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Magistrate Hudson told the court Beacroft “confirmed effectively that her and other officers were aware of those recordings being made”.
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Magistrate Hudson told the court Laura Beacroft was “a witness of truth and reliability” who was “in a difficult position”. “She was a person who looked up to Mr Jubelin, there’s no doubt in my mind about that”.
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Magistrate Hudson is now talking about the evidence of Detective Senior Constable Greg Gallyot, who accused Jubelin of bullying and claimed he forced him to record a phone conversion with Savage, by saying “just do it” when he protested.
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Magistrate Hudson told the court he accepts Gallyot’s evidence that Jubelin said “just do it” when he hesitated to record the conversation without a warrant. He also accepts his evidence that Jubelin told him not to save it anywhere “because none of the other calls” were saved.
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However, Magistrate Hudson told the court “I approach this witness with absolute caution” because Gallyot had since been “elevated to his dream job”. He also noted Gallyot’s inexperience as a Homicide detective.
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Magistrate Hudson accepts Gallyot as a “witness who is telling the truth” despite “approaching with caution” given his recent promotion. He told the court Gallyot saved the recording against the direction of his superior officer “because in his mind he knows it’s not right”.
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Magistrate Hudson is now discussing Paul Savage’s evidence. He told the court “I don’t accept” the defence argument that Savage knew he was being recorded. “He doesn’t give consent” to being recorded, he told the court.
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Magistrate Hudson told the court the junior officers who investigated whether or not Savage saw the Spider-Man suit planted in the bush the day before he reported it “caused further tension” within the Strike Force because they “disobeyed a direction from Mr Jubelin”.
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In relation to the recorded phone call with Savage, Magistrate Hudson told the court “the timing of the call is determined by Mr Jubelin”. “He controls the time, date and place and makes the decision to record then”.
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Magistrate Hudson told the court “at least two people in his own Strike Force say he physically gave me the phone” and asked them to listen to the recordings.
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In commenting on the pursuing of Savage as a POI, Magistrate Hudson told the court “what evidence? There’s no DNA, there’s no fingerprints, there’s no one necessarily who says I saw him go into the backyard where William Tyrrell was... there’s nothing... he picked Mr Savage”.
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In commenting on the defence assertion that others knew about the recordings, Magistrate Hudson told the court “just because someone else knows you’re doing something you shouldn’t be doing, doesn’t make it right”.
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Magistrate Hudson told the court Savage was “vulnerable” when the lengthy 2017 interview with Jubelin was done, which lasted five hours. “He ended up being involved in over 2000 questions... no lawyer.. no contact with anyone else” he told the court.
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Magistrate Hudson told the court “throughout that interview, he challenges him...It’s repetitive” and could be “seen as offensive”.
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Magistrate Hudson told the court Jubelin’s “inability to make concessions about the way he went about his pursuit of Savage” would influence “his reliability as a witness”.
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Magistrate Hudson told the court “this was a strategy at all costs.. this was above and beyond legality... and that’s what happens on the 2nd of May (when one conversation was recorded)... Mr Jubelin controlled the chess pieces”.
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Magistrate Hudson told the court “if he’s so concerned about complaints being made and there’s a breakdown in the relationship between him and Mr Savage, send someone else. Someone else could have attended”.
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Magistrate Hudson told the court Jubelin attended Savage’s house and recorded the conversations “knowing there’s no warrant in place”.
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Magistrate Hudson told the court Jubelin “struck me as a person playing a role, telling a story” and said “his evidence was designed and manufactured to fit into and establish a defence”.
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Magistrate Hudson told the court Jubelin “made a decision Mr Savage was his man and pursued him as a person of interest at all costs”.
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