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On Monday, a five-day hearing into the case was due to begin at Sydney’s Downing Centre Local Court, but the case was delayed after barrister Robin Bhalla, appearing for the NSW Police Commissioner, argued for a suppression order on crucial parts of the evidence.

The application will be heard on Tuesday. Mr Bhalla said if the orders he sought were made, “almost all of this hearing will have to be conducted in closed court”.

Mr Jubelin’s barrister Margaret Cunneen, SC, said she strenuously opposed the prospect of a closed court.

“There must be open justice in this case,” Ms Cunneen said. “Surely the application for suppression must be about specific parts of the evidence, not the whole proceeding.”

Ms Cunneen said her client “has always indicated to the NSW Police Force the difficulties, the effect that these proceedings would have in derailing the Tyrrell investigation”.


“It was not he who put all of the information about the allegations about him out in the public before he was charged,” Ms Cunneen said.

Prosecutor Phillip Hogan said the information sought to be suppressed was “fundamental to the Crown case”.

The hearing was briefly adjourned as lawyers acting for the NSW Police Commissioner scrambled to locate an Assistant Commissioner to swear a document and struggled to find a stapler.

Magistrate Ross Hudson said the Crown Solicitor’s Office had more than two weeks to organise the suppression it sought but instead “sat on their hands”. He described the delay as “despicable” and said he wanted an explanation for wasting the court’s time, not “feeble excuses”.

Speaking outside court, Mr Jubelin said he would not comment on the delay.

“I always prided myself when I was a police officer in being professional and timely. I don’t think I’ll say anything more,” he said.

Mr Jubelin said he was frustrated that the allegations were first put to him on January 22, 2019 and “we’re now 12 months down the track”.

“From the moment these allegations were put to me, I agreed to participate in any interview requested of me and answered every question asked of me,” he said.

“We turn up to court today, I was hoping this was where the full facts of the matter come out. Unfortunately there’s been a delay today, but I’ll continue to put my faith in the court and hopefully it will sort this situation out.”

Georgina Mitchell is a court reporter for The Sydney Morning Herald.

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