William Tyrrell’s foster parents have been sentenced to 12 months in prison for good behavior after being found guilty of intimidating a child.
William’s foster mother and foster father appeared in Sydney’s Downing Center Local Court on Wednesday where they were convicted of a raft of offences.
The charge arose after police placed surveillance equipment in their home and car and secretly recorded 1,000 hours of audio over 14 months as part of Strike Force Rosann, which was set up to investigate William’s disappearance, the court heard.
The couple appeared in court on Wednesday, along with several supporters, including the former officer in charge of the Tyrrell investigation, Gary Jubelin.
The foster father was found guilty last week of intimidating a child.
The child was not William, who has not been seen since he disappeared as a three-year-old from his foster grandmother’s home in Kendall on the NSW Mid-North Coast in 2014.
The court was told the foster father had sworn and shouted at the child, causing the child to cry on the way to school.
The foster father could be heard in secret police recordings telling the child “every damn day” and later “move, fuck, move.”
The 57-year-old was also acquitted of assaulting the same child.
Magistrate Susan McIntyre ruled that although the foster father had used physical force to enforce a 44-minute timeout, this amounted to a lawful use of force.
The foster mother, 58, was found guilty of harassment, while another similar harassment charge was dismissed.
The woman was found guilty of intimidation in connection with threats to hit the child during heated arguments.
The woman was also convicted on two counts of assault on Wednesday after pleading guilty to kicking the child and hitting her with a wooden spoon.
The man’s lawyer, Phillip English, told the court that the foster father had been diagnosed with PTSD since William’s disappearance in 2014 and had been prescribed antidepressants.
William’s foster mother and foster father (pictured together) appeared in Sydney’s Downing Center Local Court on Wednesday where they were convicted of a raft of offenses
He argued that the crimes occurred at a time of great fear and financial vulnerability.
The court was told the couple had cared for 12 foster children during their lives, which Mr English described as an “incredible act of service to the community”.
He also said the couple had faced an “incredible” amount of media attention, which had taken its toll on both foster parents.
He asked the court to dispose of the charges through a non-conviction.
The foster mother’s lawyer, John Stratton SC, argued that the crime occurred in the context of the stress of the ongoing investigation into William’s disappearance.
He also noted that she had expressed remorse and remorse in a letter to the court.
He told the court she loved the foster child as her own and had hoped the child would return to her care.
The woman at one point wiped tears from her eyes as her attorney discussed her relationship with the child.
The couple appeared in court on Wednesday, along with several supporters, including former officer in charge of the Tyrrell investigation, Gary Jubelin (pictured)
He argued that she had excellent prospects for rehabilitation, was unlikely to offend again, and asked the court not to impose a sentence
Despite their lawyers insisting that the cases be dealt with by way of non-convictions, Ms McIntyre convicted them both and sentenced them to a 12-month order to be served in the community.
Ms McIntyre pointed out that the foster father was in a position of responsibility and noted that the offenses were at the lower end of the spectrum of that offence.
Ms McIntyre also noted that the foster mother had not come into contact with the legal system before she was charged, describing her as an “admired foster parent.”
She said the allegations of abuse occurred in the context of disciplining a child, but this was “never justifiable.”
The foster mother was sentenced to twelve months’ community service, while the foster father received a twelve-month fine for good behavior.
When asked if she agreed to the terms of the order, the foster mother told the court: “Yes.”
The couple were also fined $1,500 each after letting someone else place a dummy bid at the auction of their Sydney home, which ultimately sold for $4.1 million.
Both previously pleaded not guilty to dishonestly obtaining a financial advantage by deception.
However, the fraud charges were dropped by prosecutors and the couple both pleaded guilty to statutory charges.
They both pleaded guilty to engaging a third party to submit dummy bids, contrary to the Property and Stock Agents Act.
No one has ever been charged in William’s disappearance and the foster parents deny any knowledge or involvement.
