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William Tyrrell’s adoptive father’s vile words to an 11-year-old girl he is accused of harassing and assaulting were just part of “talking to himself”, his lawyer has claimed.
A court heard a recording of the 57-year-old man, known as JS, launching into an expletive-laden tirade about the girl as she got into a car to go to school at around 7.40am on November 23, 2020.
JS could be heard claiming that the girl had ruined his and his wife’s lives. He yelled at the crying girl: ‘Move, you damn move,’ before calling her a ‘damn lazy’.
In closing submissions at Parramatta Local Court on Monday, JS’s lawyer Phillip English said the outburst was quiet.
Mr English said the last part of the outburst was “spoken very quietly, I couldn’t hear it, the next part must be sotto voce” and told magistrate Susan McIntyre “are you convinced, beyond a doubt reasonable, that this amounts to intimidation?” There is no approach by the accused to (the then primary school student).’
William Tyrrell’s adoptive parents leave Parramatta Local Court on Monday after being told a magistrate will decide his innocence or guilt in March next year.
English appeared on the final day of submissions in a case against JS and William Tyrrell’s foster mother, known as SD, before Her Honor made a decision in March next year.
The adoptive parents are charged with common assault on a child and stalking, intimidating and causing fear of physical or mental harm to the child between Australia Day 2021 and August 30, 2021.
The adoptive mother, 58, has pleaded guilty to two counts of common assault against the girl.
She pleaded not guilty to harassment and intimidation and her husband, JS, pleaded not guilty to all charges against him.
The offenses allegedly occurred at two different Sydney North Shore residences and in a vehicle.
Parramatta Local Court, in Sydney’s west, heard recordings of heated verbal exchanges between the girl and her parents, as well as the sound of the then primary school girl being hit with a wooden spoon and kicked by the foster mother.
On Monday, English downplayed the assault allegation in which the girl said at one point that the day the foster mother kicked her, JS “grabbed me by the neck.”
English said that in subsequent interviews with police officers, the girl had said the incident was more of pressure on her shoulder and that the boy had told them, “He usually just screams.” I didn’t think he would strangle me because he usually doesn’t.
A magistrate will decide in March next year whether William Tyrrell’s adoptive parents, known as SD and JS (above), are guilty of stalking and intimidating an 11-year-old girl whose adoptive mother pleaded guilty to assault.
William Tyrrell’s foster mother, known as SD, (pictured) pleaded guilty to two counts of common assault at Parramatta Local Court on Monday. The charges related to a small child, who is not William.
English told Magistrate McIntyre on Friday that police had been warned not to ask “leading questions” of child witnesses and that the alleged assault had occurred on what “was a very emotional day”.
SD’s lawyer, Sharon Ramsden, told His Honor she had to consider with the intimidation charges whether the physical acts against the alleged victim were unlawful harm.
“Otherwise, every time a parent says, ‘Come here, I’m going to slap your butt,’ that would be bullying.”
SD’s defense had previously argued that if a parent’s threat to slap a child was considered criminal “that would criminalize every household in Australia”.
But police prosecutor Detective Chief Inspector John Marsh said the “slap, slap, slap” was clear on the recording, and that the multiple incidents and alleged threats were “certainly not what (happened) in every home.” from Australia”.
He said there was an incident where the boy used a phone without permission and then called the foster mother a “fucking bitch.”
“The cumulative effect of all of these incidents demonstrates that (the adoptive mother) knew her behavior was likely to cause fear, but she still continued.”
Police allege the mother threatened the girl while her adoptive father allegedly grabbed her by the neck after the girl said she “hated” them.
JS allegedly “grabbed” the girl by the neck and “physically restrained her to sit back down” in the kitchen of a suburban home.
He later told a teacher he was afraid to return home, police allege.
One day in November 2021, the girl was subjected to a 44-minute punishment period and then told the couple that she “hated them.”
The hearing was attended by detectives from Strike Force Rosann, which is investigating the disappearance of William Tyrrell, including task force commander Detective Chief Inspector David Laidlaw.
The court was told the foster mother had been “attempting to intervene in the (alleged) victim’s problematic behaviour”.
He allegedly warned the girl that if she defecated on the floor he would rub her face on it.
Police allege that when the boy screamed in pain, SD ‘forced him to sit on the ground for a long period of time before kicking the (alleged) victim, causing pain and bruising.
“It is reported that the (alleged) victim attempted to get up several times but (SD) forced her to sit down.”
William Tyrell disappeared at the age of three in September 2014 in the town of Kendall, on the New South Wales north coast, and no trace of the boy has ever been found.
No one has ever been charged for his disappearance.
In late 2021 a further search was carried out in bushland 700m from the Kendall home where William was last seen, but no items of significance have been identified.
New South Wales police have submitted a letter to state prosecutors recommending that charges be brought against the adoptive mother over William’s disappearance.
William Tyrrell (above) disappeared aged three in September 2014 in the town of Kendall on the New South Wales north coast, and no trace of the boy has ever been found.
SD has denied any involvement and there is no indication of his guilt.
The PDP has until the end of January to decide whether to accuse the SD of perverting the course of justice and interfering with a dead body.
Magistrate McIntyre adjourned Monday’s case until March 22 and continued with a detained violence order in place protecting the girl.