Loading summary
Dan Box
I'm standing in front of the New South Wales Coroner's Court in Lidcombe in western Sydney. We're in just a few minutes now. The inquest into William's disappearance is about to start. It's a grey day. You can hear the traffic roaring past. But for those involved today, all that movement is going to stop. I can only imagine their whole world is going to stop. And all that will matter is what happens in that courtroom inside the building in front of me. Now, it's four years now since the last public hearing in this inquest, and in that time, the police focus has shifted completely onto William's foster mother. They've launched an enormous search, literally dug up tons of soil from around Benaroon Drive where William went missing. And her name's been in the newspapers. She has been described in court as having had something to do with William's disappearance. Today, I'm alerting the media that we're going to be doing some operational activity in the Kendall area over the coming weeks. This activity is in response to evidence we've obtained in the course of the investigation. It's not speculative in any way. We're acting on behalf of the coroner and in conjunction with coronial orders. She will be kept updated and we do today expect to hear what evidence the police have or haven't got to justify that level of suspicion. Strangely, though, we won't be hearing from the lead detective, David Laidlaw, the man who's running the strike force into William's disappearance, because, and this is. This is actually extraordinary, the coroner has refused to call him. The Police Commissioner specifically asked that David Laidlaw be called. The coroner has refused to do that, but she hasn't released her reasons why. David Laidlaw's decision to target William's foster mother has been very public. The then Police Commissioner, Mick Fuller, said this about the strike force.
Mick Fuller
I brought a new team on board under Detective Chief Inspector Dave Laidlaw, probably the state's most experienced homicide investigator. And he pulled together probably one of the best teams we've seen. And it's been an active investigation. And, you know, they had been working through a number of different pieces of information and they inherited what was a bit of a mess and have really cleaned up that investigation and they've got a clear strategy.
Dan Box
And the detectives in that strike force have said in court they believe she knows what happened to William. So the question that's in my mind right now as I'm about to walk into this inquest is how can the police say all that with that Kind of confidence. And yet today in this hearing, we're not going to hear from the lead detective himself. Are we going to get the answers that really, after all these years, everyone is hoping to receive? I don't know. The only way we're going to know is by going inside.
Nina Young
Okay, Daniel.
Dan Box
Okay. So one of the things about courts is you're not allowed to record inside them. So the only way we can actually tell anyone what happened in the inquest today is just like this. We come out, and then you and I have this conversation, Nina, because you weren't in court, so you don't know what happened. The big thing is what we haven't got. So there hasn't been a moment where anyone has said, this is the evidence the police have got to justify what they've been looking at and the theory they've been following for the past four or five years now. In fact, it's quite the opposite. The senior lawyer working with the coroner said it's beyond any argument now that William Tyrrell has not been found. And it's beyond argument that no forensic evidence has been located anywhere that provides a clue to his disappearance. So no forensic evidence. And also, it's beyond argument that there is no eyewitness who's provided an account of how William left the area where he was last seen, Meaning the police have no direct evidence of what happened to him.
Nina Young
Okay.
Dan Box
It means the police can only have a circumstantial case, which that can still work. You can still prove someone has done something with a circumstantial case, but it's harder. And to do it, you also have to prove that the other people who might have been involved definitely didn't do it. And what's been interesting is that the lead lawyer working with the inquest has cited a couple of the other moments in the long history of this investigation where the police, police have directly accused other people of being involved in William's disappearance. And the lawyer said that media reports show the police now believe the foster mother's involved. And he says it cannot be overstated that the coroner has to act on the basis of reliable evidence. He said guesses are not rational. Suspicions form no rational basis for making findings of fact. So you kind of read in between the lines, because the way he talks, this guy, Gerard Craddock, is very loyally. It's kind of scholarly. He kind of goes around the houses, but listening to what he's saying, he's saying there's no evidence, and you shouldn't be guessing. You shouldn't be using your suspicions to make findings, which is what the inquest now has to do.
Nina Young
So you reported earlier this morning that David Laidlaw was not going to be called as a witness.
Dan Box
No.
Nina Young
Did they give any indication as to why?
Dan Box
No, nothing. It's been strange. I said that Craddock is kind of lawyerly and scholarly. He spent a lot of this morning talking about all the evidence that has been heard in the inquest before now, years ago, and emphasizing who was where and when, and detailed timings of that morning and how we can be certain of what we know on the morning when William went missing. So the time the last photo of William was taken, the time a text message was sent by William's foster father, the time of the triple zero call, the time of the first police officer arriving, how different people's Facebook posts can show that certain things were happening at certain times and certain people were where they said they were. And talking about the search that was done that morning. And the more he went over this, the more I'm starting to think, why are we going over this? And then I started to think, because he's building a case about what we can know and what we know we can't know, if that makes sense. So he talks about the initial search for William in the first few days, and he says that was thorough. He's got no question about whether or not that did its very best to find where William was. And he talks about the second search in 2018, which he says was intense. And then he talks about this third search he mentioned in 2021, which the police launched. And he describes that as another level of intensity. The police went in with excavators and rakes and they stripped out vegetation, they used divers. And the conclusion that the lawyer Gerard Craddock says is no evidence was found that relates to William Tyrrell's disappearance. He says the consider and perhaps conclude, and that's the loyally talking, that William, under his own steam, cannot have traveled beyond the area searched. And the point he's making is therefore someone else must have been involved. And the one thing that among all that kind of long and detailed raking over of the evidence we've heard is he talked about how the neighbors heard a car that morning. They heard a car on the gravel at the top end of Benaroon Drive, which is just outside the house where William was staying. And he says, you can't prove that there was a car, but there's definitely evidence of a car being there. And no one knows. No one's Been able to prove who drove that car?
Nina Young
Yeah, Peter and Sherelle Crabb. So I went back and looked into that. And so they got home about 9:30 in the morning that day. And they both testified in 2019 that they heard a car doing a U turn in the street. They both thought it sounded like the postman at the time.
Dan Box
Yeah.
Nina Young
And Sherelle testified that the car was moving quite fast. But I did wonder. Cause there's been a lot of people testifying about cars. I did wonder the significance of the crabs in particular. Did he mention why he brought them up?
Dan Box
He's confident about the crab's evidence. Cause he says one of the detectives is sitting with Sherrell Crabb asking her about this, when Sherelle Crabb says, oh, can you hear that car driving up the. And then a few seconds later, the detective hears it. So he says, despite the fact that Cherelle's quite elderly at that point, she's obviously very capable, she is able to hear a car. So he's got quite a lot of confidence in that. So I think all he's doing is establishing there's no evidence of what happened to William, but there's a possibility that this car was involved in whatever did happen. He hasn't gone any further than that.
Nina Young
It sounds like he was just making a big focus on hard facts that he thinks can be proved versus theories that can't be. Is that the theme?
Dan Box
Yes. And he talked about how the inquest came to an end in 2020. And he said the reason it restarted this week, this morning, he said, is because the police decided to follow up a theory. And that's the theory we looked at in episode four, that the police believe William may have fallen off the balcony, that his foster mother decided not to seek help but to dispose of his remains and she drove down the road to the corner of Batar Creek Road and Cobb and Co Road and disposed of his body there. But what's really strange is the inquest seems to have gone out of its way not to call any of the detectives. So no one's been asked to explain why the police pursued this theory or why they did the 2021 search, the enormous search a few years ago. What Craddock, the lawyer, did say is that the detective leading that inquiry, the one who's not been called to give evidence, Detective Chief Inspector David Laidlaw, he says he's given a number of statements. The most recent one is heavily redacted, meaning he's not going to be called to give evidence. And his statement has been censored, so we can't know what he says. Craddock, the lawyer, explained that saying, the most simple reason for that is what we wanted was a straightforward recitation of the investigative steps taken since 2020. And the statement we've been given deals with evidence in the form of one person's opinions about what the evidence shows. So what he's saying is the coroner asked the lead detective to give us the facts of what the police have done and what the lead detective has given them is opinions about the evidence. He says it's fine for the lawyers to make submissions so long as they take into account all of the evidence, not of opinions, but a proper fact finding processes. So, again, it's loyally, it's scholarly, it's kind of going around the houses, but it is a criticism that sounds like a.
Nina Young
Sounds like a loyally diss.
Dan Box
It is a loyalty, it's a lawyerly dis. And Detective Chief Inspector Laidlaw sitting in the inquest, listening to this but not responding, saying nothing publicly. We heard one witness, a hydrologist who was involved in planning the police search, and you get a sense of the scale of the search. Vegetation was stripped, then they sent in a cadaver dog, then they dug out the soil with rakes or hose or use an excavator and they drained the creek. Or divers are sent in to do a hand search and they dug out tons of soil and searched each bucketful by hand. And this is all around that crossroads that you and me went to, where the police are working on the theory that William's foster mother disposed of his body. And by establishing the searches so thorough, it underscores the fact no evidence was found, potentially because there was no evidence there to find.
Nina Young
When I saw that John Olley, the hydrologist, had worked on the Daniel Morecambe case in 2011, I thought that was quite interesting because it's quite a similar sort of search that he did. It had been nine years since Daniel went missing and I was reading more about how they did that search. They had to excavate 500 cubic metres of sand and remove a huge layer of sediment up to a metre deep to find Daniel's body. And you got to think that is a case where they actually knew where the body was. So I can't imagine how much harder it would be for the police in this case when they're kind of just working on a hypothesis and they don't know really how big the area they have to look at is.
Dan Box
It was vast. We saw a video of the Search in operation. And it's honestly, it's a lunar landscape. They've stripped all the vegetation back and then dug the earth down to 5, 10, 15 centimeters, some places gone deeper, and then they've just dragged that earth out and searched through it or sieved through it. But what we've not heard, because no one's been asked, is why did the police launch that search? What evidence did they have to support the theory they were pursuing? And I guess we don't have to have those answers yet. It's only day one of the inquest.
Nina Young
Do we have an indication of who else is being called this week? Are we going to stay on the 2021 search?
Dan Box
Yeah, most of the evidence this week is on the 2021 search. We're going to hear from some other constables who are involved, another expert talking about remains, how they can be preserved or they can be lost. And one witness who was a truck driver who was driving along Batar Creek Road. And we know because it's been in the media, so it's been leaked to the media that that truck driver saw William's foster mother at that time. We don't know what he says she.
Nina Young
Was doing in the foster mother's walkthrough, describing that drive. She talks about passing a truck as she drove down to Potar Creek Road. Yeah, he thought I pulled over because he acknowledged me by saying, thanks for pulling over, but I pulled over because I've just got my head out the window looking for William. Do we know if it's that truck driver or is it. We don't know.
Dan Box
We have to assume it's that truck driver. So at the moment, we've got no evidence, no explanation of why police launched this search, and yet it's only day one. But there is something that struck me right at the end, and this might give you an indication of how these things play out, not just in court, but in the media and in the politics of this. Right at the end, after, you know, we've heard all day that the police have found nothing. This professor, John Olley, is on the stand, he's a hydrologist. The police barrister stands up and says, after you finished your work on this, did you consider that there might be any other explanation for what happened to William? And he says yes, he wrote to another scientist who was an expert on invasive species, so pigs or fox, to ask him if it was possible one of those animals had done something to William. And of course, the council assisting the coroner, and the coroner shut that down and they Say, look, we've already established, basically we're not going to hear that evidence. And also you're asking a hydrologist about an ecologist's explanation of what happened. But by then it's too late. That theory is out there. And when I left the media room where the journalists have all been working today, everyone is talking about this idea that William Tyrrell may have been taken by a fox or a pig. And I bet that the headlines tomorrow, or even later today, the headlines say William Tyrrell could have been taken by a fox. And there's no evidence for that, but the theory is now out there in the wild. So that's day one.
Nina Young
Okay?
Dan Box
Okay. So I told you the media would report on the possibility of wild animals, didn't I?
Nina Young
You did.
Dan Box
I did. And they did. So the Guardian and the Daily Mail, particularly the Guardian headline is, William Tyrrell inquest police suspect foster mother buried toddler after accidental death. And then the stand. First, dogs may have taken any remains of the three year old. Now, it does say no bones or clothing belonging to William were located, but it doesn't mention that the senior lawyer at the inquest has specifically said it's beyond argument no forensic evidence was found, which I think is a difference in terms of how strongly he's put that. And then the Daily Mail headline is expert combed through a rubbish dump in the hunt for William Tyrol's body, as detectives reveal shocking theories they believe solves the mystery. I mean, that's strong language. And the article beneath it, it says this expert didn't find William's remains, but admitted animals could have removed them like they do with kangaroo carcasses. And again, it does say police did not believe any trace of William was left there. But that's actually quite different to what the lawyer said, which is it's beyond argument, no forensic evidence was found. So I asked to speak to both of those reporters and asked to interview them both about why they wrote it the way they did, just out of interest, because I would have done it differently and neither of them took me up on the offer of an interview. But I did speak to the Daily Mail reporter and we had actually a really nice, pleasant, interesting conversation and she was talking about different things. So she's not actually the one who kind of does the final bolt together of her article. It gets updated over the day, so she doesn't have final control of things, particularly like headlines. She's also said she wasn't convinced that what I thought was important about the lawyer saying it's beyond argument there's no forensic evidence. She didn't think that was as important as I did. And she said, in terms of their audience, this question about could animals have moved William's remains? Was more interesting because this idea about wild animals has not been heard before. So it's new, so it's news. I said to her, look, I would have written that article pretty much the opposite way round. So the top line is no forensic evidence, no eyewitnesses, and I might not even have put in the reference to the wild animals. And also, you know, the coroner challenged it when it was mentioned in court and said, look, you're not the right person to even give this as evidence because you're an expert in hydrology. To which the response was that that's because I've spent a lot of time criticizing the police theory and that the podcast we're making right now is all about criticizing the police. Which is fair, that there has been a fair bit of criticism of the police in this podcast. But today in court, the police barrister's back on his feet. So the lawyer representing the police asking questions again about the effects of wild animals on human remains. So it is something the police are interested in.
Nina Young
It's interesting, isn't it? It just shows you how the media shapes the story.
Dan Box
Absolutely.
Nina Young
And we're relying on the media. You know, there's no cameras in court, there's no recording, there's no transcript that the public have access to. We're relying on the media to give us those reports.
Dan Box
Yeah. So it's the media who allow the. I know this isn't rocket science. Everyone knows this. But it's the media who shaped how the public understand the story. So right across the country, this is how people understand not just what happened, but who these people are. And you suddenly realize just how powerful a shift in emphasis can be and how potentially damaging a shift of emphasis can be.
Nina Young
I did catch a news story this morning that kind of highlights that the court opened today with the coroner telling people off for abusing the foster mother outside the court yesterday.
Dan Box
That's a really good point because it's the first thing we hear is that there was a woman outside the court yesterday as people were coming out. As William's foster mother walks out, this woman outside the court starts yelling abuse at her. You have a child. Why? And fair.
Nina Young
How dare you should be ashamed of yourself.
Dan Box
Justice for women. But also starts yelling her name in public, which is obviously protected by these non publication orders which haven't been put in place to protect William's foster mother. They've been put in place to protect other children who are associated with or have some connection to her. So she started using her name, she abuses her. The TV cameras are rolling because they're all there to get that footage of William's foster mother leaving court. But then the coroner says this morning how she's disappointed and this must not occur. But it struck me, this is one of the problems with courts is they haven't kept up with the technology. You've got all this technology now with social media where people are spreading facts and, you know, lies as well outside of the court, including all this stuff that people think or suspect or speculating about. The people involved in this case, it's all getting spread, but it's trickling into the real world. It's having real world effects on the real people involved. Yeah, but what we did see today was hours more evidence about the search. You know, the search was big, it was thorough, and there's no evidence has been found to support the police theories. But the problem is that a lack of evidence doesn't prove that William's body wasn't there, which is where these wild animals come in. If the wild animals could have taken William's body, then it might still be that the police theory is possible, that this kind of hypothetical situation where William falls off the balcony, his foster mother discovers him, doesn't call for help and decides to dispose of his body is still possible because possibly a wild animal took his corpse. And that's why there's no forensic evidence, despite years and years of searching. The coroner did talk about that evidence today and she said that the actual expert who gave that evidence, she looked at the way he'd conducted his experiments and said that his report could not help the inquest because there were problems with the experiments. The police had asked him to assume William's body was placed in one particular place. And she says, you know, I paused to say there's actually no evidence that anyone was seen placing a body here or anywhere else. And anyway, she said the place, which I think is that crossroads, had changed over the time. So his reports and his suggestion that a wild animal was involved was actually flawed. So she decided not to include his report in evidence and was not going to call him as a witness. But now that whole idea has got out.
Nina Young
Was that area searched previously in previous search?
Dan Box
Yeah, well, that's one of the things that did come out today was we heard evidence from some of the dog handlers and at least one of them, they put their maps up on the screen in the court of where they were searching, you couldn't see one that clearly, but the other quite clearly showed that they did go down to that particular crossroads the day after William went missing and obviously didn't hear anything and obviously didn't find anything. Although one of the things that's really frustrating me with this inquest is we're hearing a lot of detail from these different people. So a guy who mapped the searches, two different dog handlers, other people, and we know a lot about them, but nobody is asking them, what did you find? No one in court has actually asked anyone what was found in that search. All we know is from what one of the lawyers has said, which is that no forensic evidence was found. But it's not. That hasn't really been emphasized.
Nina Young
Yeah, because I know that. I mean, at the time of the 2021 search, there was so much media there and there was lots of moments where they were holding up bits of material very dramatically and bagging.
Dan Box
Oh, it was breaking news. It was breaking news. We found a bit of red cloth or we found a thread, but none of that.
Nina Young
They haven't said what that was?
Dan Box
No, haven't mentioned it at all. Inside the court, there's still quite a lot of secrecy. There's a lot of non publication orders, there are a lot of suppression orders we're dealing with. Just before coming here, we've had to email the court to say, this thing you were talking about this afternoon, we think it's covered by a suppression order, but you've been talking about it. So is it suppressed? Isn't it suppressed? Can we talk about it? That's how difficult it is to cover this inquest at times because so much of it is under wraps. That said, I think we can talk about it. Do you want to hear about it?
Nina Young
Yeah.
Dan Box
Okay. Now this, okay, this, this was interesting. This was the last witness today. A police analyst comes in and starts talking about the number of what the police call persons of interest. And long and the short of it is there's a lot of them, a lot of potential persons of interest. I can't tell you how many because that's where I think this suppression order kicks in. So there's bits I can't tell you, but what I think we can say, and if I'm wrong, then we'll obviously not publish this part of the podcast is that by the August of this year, there's still a lot of those persons of interest. And the persons of interest we heard in the court are people who might be suspects in this investigation. Except in August of this year, the lead detective, David Laidlaw, asks this analyst to change the name from persons of interest to persons named to police. And she said it was changed to persons named because they were named on investigations reports, but they weren't actually investigated. And that struck me as being interesting.
Nina Young
That is interesting.
Dan Box
And then we started to hear in the cross examination of her that the detectives on the strike force told the analyst to take some of those names off her list. And again, I can't tell you how many because of this court order, but she believes that was because those people had been eliminated by the inquiry. But she doesn't know why or on what grounds they eliminated. And then apparently they worked out some of the names had doubled up, so they took more names off the list. And there was some uncertainty about those numbers, but it still left a lot of names. So then she was saying she went through and she starts looking at these names and cross referencing them against things like RMS data. So driver's license records. And under cross examination, they basically established that you can't eliminate someone who doesn't have a driver's license because they could still be driving a car just illegally. But those names had been eliminated on that basis. So more of the names were taken off the list. So the list keeps getting smaller.
Nina Young
Sorry, that. Sorry, you're saying as of August they were removing people based on whether they had a license or not?
Dan Box
Yeah, RMS data, yeah. And whether or not they'd passed one of three point to point cameras on the Pacific highway, despite the fact that the analyst was saying, well, there were other roads in and out of Kendall. So she's asked by one of the barristers, what I'm suggesting to you is that the examination of the RMS records couldn't exclude anyone from being a person of interest. Would you agree? And she says, I agree with that. And yet it was used to take people off this list and the list got smaller and we don't know how small that list got. It started off with lots of people and we don't know how small it got. Except the police Commissioner, Mick Fuller, back In, I think 2021 suggested that list got very small indeed. How many suspects have you narrowed the investigation down to?
Mick Fuller
You know, my understanding is from the investigators is that there is certainly one person in particular that we are looking closely at.
Nina Young
Do we know if any previously publicly identified persons of interest were removed in this process?
Dan Box
We don't. And I think even if we did know that, I couldn't tell you because of this Suppression order, I think. But the one thing we have heard more than anything else, and we've heard it more than once at this inquest, is that however many people or person is left on this list of potential persons of interest or people named to police, the one thing we've heard is that the police have no forensic and no eyewitness evidence to say that that person did anything to do with William. Well, so that's where we are at the end of day two. You.
Nina Young
Cocaine is a global industry where.
Dan Box
The profits are counted up in millions and the losses measured out in murders.
Nina Young
Because it's only business.
Dan Box
And right now business is good. And I'm like, torture seller. What are you talking about? I don't think we can arrest our.
Nina Young
Way out of this.
Dan Box
Listen to Cocaine Inc.
Nina Young
Wherever you get your podcasts or visit.
Dan Box
Cocaineinc.Com au are you ready to get.
Gary Jubelin
An inside look at crime from someone who has investigated some of Australia's worst crimes?
Dan Box
It was like Aladdin's Cove. The luminal found bloodied footprints and bloodied handprints on a wall. So it's just like a horror movie.
Gary Jubelin
Former homicide detective Gary Jubilant sits down with cops, crims, addicts, victims, small time cheats and big town lawyers as they tell their incredible stories.
Dan Box
My house got raided. Next thing you know I got bail refused.
Unknown
Next thing you know I'm on a.
Dan Box
Truck to Park Lee prison.
Gary Jubelin
Listen to I catch killers early and ad free on Crymax plus on Apple podcasts today or wherever you get your podcasts.
Dan Box
Okay, day three. And I can now tell you the thing that I didn't think I could tell you last night. So I got an email at about 20 to 10 last night from the coroner's court saying that the information on the persons of interest list we were talking about yesterday is not suppressed after all. And what this does is it shows you the challenges of the secrecy surrounding this case. Because I was going off a suppression order put in place in 2019 by the Coroner on quote, information from the persons of interest list. And given we spent in court a good chunk of yesterday talking about information from the persons of interest list, I thought that might be covered by that suppression order, but it's not. Either way, I can now tell you what I thought I couldn't tell you, which is that in August of this year there were 1709 people on the police persons of interest list for the investigation into William Tyrone's disappearance. 1709Those are people that the police had a reason to potentially suspect. Or want to investigate. But that's before the cops changed the name of that list from persons of interest to persons named to police and then started cutting that list. So we heard in the inquest that the detectives told the police analyst to take 345 people off the list earlier this year. She didn't know why and we won't know why because the detectives have not been called to answer questions at the inquest.
Nina Young
It's completely maddening. I think at this point I would pay money to just have any lead investigator on this case, from any point just stand up and outline how they have investigated the case, how they've ruled people in, how they've ruled people out.
Dan Box
And the other thing the police are not going to explain is why they launched the investigation they're currently doing into William's foster mother. So we don't know why they decided to do that. Yeah, the other thing we don't know because the court is closed. And I'm currently speaking to you because the court being closed means we've been shut out of the room. Well, actually, I can't tell you why that's happened because there's a non publication order on the existence of the thing the court is now hearing evidence about. So all I can say is we're not in there, we're not able to know what it is and I can't tell you what it is that we're not able to know about. And at this point there was quite a bit of laughter in the media room among the journalists. But I can tell you what the big news from today was.
Nina Young
Yes. Is it the truck driver?
Dan Box
It is the truck driver.
Nina Young
Everyone's excited about the truck driver. What did he or she say?
Dan Box
Okay, so the truck driver's a he.
Nina Young
Okay.
Dan Box
The truck driver drove down Batar Creek Road at around the time William's foster mother has said she came out of Benaroon Drive, which turns onto Batar Creek Road, and drove down there looking for William. And the police have been quite clear, in fact said in court on oath that they believe she disposed of William's body on that road. So we've been expecting big things from the truck driver. I went back and I looked at some of the articles, or actually you found them for me, and then I read them. November 2021. The Daily Mail says a New South Wales police source said officers believe an object may have been thrown from the vehicle that's William's foster mum's car as it was driven along Batar Creek Road. So there's this suggestion which is left hanging, that something is thrown out of her car.
Nina Young
Yeah.
Dan Box
And that that's what the police are looking for. And talking to the journos, the police were briefing journos at the time that this was seen by another driver on that road. And then November 2021, the Daily Telegraph talks about an elderly man who told investigators he saw something dumped from a vehicle on the morning when William went missing. And the reporter says they showed this man a photo of the car William's foster mother was driving. And the man said, I'm pretty sure that's the car I saw. Now, interestingly, we've not heard anything about that man.
Nina Young
Well, yeah, because I think the public assumed that the person who saw somebody throwing something from the car was the truck driver.
Dan Box
Yes. And I did, and all the other journalists did. So we were expecting this truck driver to be the key witness, because we know William's foster mum says when she was driving down that road, she saw a truck driver coming the other way. And we know because it's been in the papers that police are saying a witness saw something being thrown from the car she's driving. So maybe we've put two and two together and come up with five. But we're all expecting the witness, the truck driver, to say he saw William's foster mother throw something. And he was there at the time. Because when he gives evidence in court today, he says he was driving along that road at about just after 10 past 10 on that morning and was driving back around sort of 10 to 11. And that's just before William's foster mother calls the police. So just after she's driven down the road on her evidence, says she's looking for William, and on the police or their version of events, said she's disposing of William's body. Now, here's what that truck driver said he saw. He saw two cars coming the other way. A black BMW or maybe burgundy and a gray dual cab ute. And he didn't think either of those were coming out of Benaroon Drive. And neither of those are the car that William's foster mother drove. And the driver didn't see anyone else.
Nina Young
Sorry, this isn't the truck driver that the foster mother saw while driving.
Dan Box
Well, actually, that's a good point. It is a truck driver who was driving down that road at that time. She does say she saw a truck driver.
Nina Young
She did. He thought I pulled over because he acknowledged me by saying, thanks for pulling over, but I pulled over because I've just got my Head out the window looking for William.
Dan Box
He in his evidence doesn't describe the car that she was in and also doesn't describe seeing her or anyone else throwing anything out of a car or disposing of William's body at the crossroads where police have suggested she did. So that's it.
Nina Young
Okay, so we've got a truck driver who saw some cars, not that car.
Dan Box
We've got a truck driver who was definitely there because the CCTV and his evidence and the evidence, I'm assuming, of the person he was picking his load up from. So he was there. The significance is what he's not said. He's not said that he saw anything. A bit like the police search of that area, which went on for four weeks, found nothing. And we know they have no eyewitness evidence of William being taken and we know no one saw William's body being disposed of anywhere. And we now know that this witness drove along that road and didn't see anything either. This truck driver said in his evidence at the inquest today that he actually called Crime Stoppers shortly after William went missing to tell them where he was and what he'd seen. And he also called the radio station 2GB and spoke to Ray Hadley. This is what he said at the time. Peter. G'day.
F
G'day, Ray. How are you, buddy?
Dan Box
Well, Pete, thank you, mate.
F
Just having to hear this. He'd been either abducted or disappeared. I was in Kendall that time of the morning. I actually stayed overnight in Clay Barker at the coffee shop, what we call their bp.
Dan Box
Yes.
F
I had to pick a machine up out of Kendall to Silverdale on Friday.
Dan Box
Right.
F
So by the time I got up and got down to Q area would have been about 9 o'clock. I was in the area from 9 o'clock onwards. And as I came off the Pacific highway and I had to go over the top of the highway into Q, and as I came into the queue shopping area, there was a black Camry sitting on the left hand side. Now, there was a no parking area.
Dan Box
The truck driver also said he saw a car acting suspiciously. It was a black Camry driven by a blonde woman. But while he said it was acting suspiciously, he didn't really seem to have a lot of grounds for that suspicion. He said the car was in Kew, which is a town a short drive from where William went missing. And he later saw it in Kendal, which is the town just near where William went missing.
F
I sort of went around this person and I started heading into Kendall about 10, 15 minutes later. That Particular car came into Kendall and parked up because I was almost like a car park. There's a nursery there or something when you come over the bridge and then you go over the railway line and there's a few little shops there. And I was parked up on the left hand side in the opening there, where other cars were sort of parked.
Dan Box
On a 90 degree and it kind of got in his way. It was parked where he'd wanted to park and that added up in his mind to being suspicious.
F
I was parked alongside of them, but there was not room for them to get out. So that particular car came and parked and there was a lady, a well built lady, black shorts, black top, blonde, walked into that shop. Now I was still there for a while, but then I had to move on. And I came back out of Candela around 11:30, 12:00.
Dan Box
Right.
F
So this place.
Dan Box
Okay, but the key thing was that black Camry with that blonde driver wasn't seen near Benaroon Drive, which is where William disappeared. Okay, Peter, just stay there, stay there, don't hang up. It's a noisy line. We'll get your details and pass them to the investigators with Paul Feehan. What's odd is why are we hearing from this truck driver now? He said in his evidence today that he called Crime Stoppers in the days after William went missing. And when he was interviewed on 2GB, Ray Hadley said he was going to pass his details to the police. And we know from his evidence today that he did give a statement to police before 2021 when he gave another statement to the current strike force who are investigating William's foster mother. So why are we only hearing from him today? Particularly when it doesn't seem that he saw anything that really proves anything at all. The foster mother has lived for four years under public suspicion ever since that front page story in a newspaper where police said they had a new suspect and are now confident they will solve the mystery of William's disappearance.
Nina Young
Yeah, and something that comes up every time people talk about, you know, whether the foster mother is suspicious or not. People bring up the object thrown from the car.
Dan Box
Yeah, but there's no actual evidence that we've heard at the inquest that there was any object thrown at the car and the only truck driver they've been able to find didn't see anything. So for those four years when the police have been working on this theory, prosecuting it in public, in court and through the media, and also by trying to send a brief of evidence to the director of Public Prosecutions, that's four years when we seem to know now that they actually haven't got any direct evidence. And honestly, there were people here at the court today who are in tears about this. The whole inquest is talking around the police investigation and looking at the facts of what they found, but not talking about the investigation itself. And the problem with this is police have no evidence, isn't going to make the front pages. Whereas police suspect William's foster mother made pretty much every front page, there were journalists here who are not filing stories today for that reason. There's some that have already gone home, but there's others who are angry. I've just spoken to one who's. He turned around to me and said, you know, for years now, we have dutifully reported what the police told us in good faith and started talking about the damage done to the people involved. And I think that's fair and I think we have to look at ourselves for reporting these things. But also, we're not the ones who have been saying this in the first instance. And it goes back to that thing that if we now have four years on no evidence, then what evidence might have been found if the police were looking elsewhere? So day four and the last day of the inquest, at least for now, I'll be honest. It's been a painful week. So sitting in the courtroom, I'm only really on the edge of the hurting, but even so, I feel like every night I go to sleep and I wake up without getting any rest. How are you doing?
Nina Young
It's been frustrating to watch it from the outside. I can't imagine how frustrating it's been sitting in there.
Dan Box
Look, not frustrating to be there because we've learned so much in the past week. Honestly, today was probably the most grueling of the days to witness. So today we watched a video recording of an interview. No, not even an interview. Of the examination of William's foster mother before the New South Wales Crime Commission. So she was examined for two days and it's the first time anyone publicly has seen her questioned. She's now the woman at the center of the police investigation and she's been questioned before by police more than once, and she's done a very few interviews, either released by the police or with the media. But this is the first time she's been seen in public under sustained examination by law enforcement. And they played it with both William's biological parents and his foster parents sitting in the room watching.
Nina Young
This was in front of the Crime Commission?
Dan Box
Yeah.
Nina Young
Can you tell me what that is because you've had to explain it to me before and I'm sure a lot of the members of the public don't really know what that is.
Dan Box
The Crime Commission is fascinating. It is a body specifically set up to fight organized crime and it doesn't often or ever maybe get involved in this kind of case. It's there for gangsters, drug gangs, and it has incredible powers. Firstly, it's a secret body, so no one watches its examinations. If you're called to give evidence to the Crime Commission, you're not allowed to tell people that you've been there. When you walk into that room to give evidence, you have no right to silence. You are not allowed to not answer the questions. Your answers can't be used in criminal proceedings, but they can be passed to the police for their investigations. And lying to the Crime Commission is punishable with a prison sentence. So it goes way beyond the powers of any normal court or any normal police investigation. And we saw Williams foster mother sitting there on her own in the dock facing this examination. And she was told that the police had reviewed the investigation into William's disappearance. That that involved them going right back to the very beginning and looking again at every person and possibility to try to find out what had happened to William. And we heard that that was what delayed the inquest. So there's been this four year delay in the inquest and in her examination at the Crime Commission they said that's what the inquest is waiting on. And she looked very lonely in that. You could call it the witness box, you could call it the dock. She looked very lonely and she was told the police have reached a point of excluding a number of other people and possibilities and there is a focus on you. I can't imagine what it would be like to sit in that box on your own, unable to tell anyone that you were even in there and face that kind of examination.
Nina Young
Yeah, it must be such a surreal feeling as well, because most people, like I said they wouldn't have heard of the Crime Commission. So suddenly you're sort of just brought into this weird shadowy place.
Dan Box
Yeah, yeah, yeah. It's. It's the stuff of dystopian fiction. The Crime Commission, probably there's a law against me saying that we'll find out. Okay, so if there isn't an episode six, that's because there is a law against saying that.
Nina Young
So it was a four hour video. You guys were played, right?
Dan Box
Yeah. We watched excerpts of her evidence. So she was questioned over two days and we watched Chunks of that. And in keeping with the rest of this week at the inquest, there was nothing in that examination that was evidence against her, Nothing that you could say. Well, because of that, we can say she did anything to William. There were uncertainties. You know, she was asked about when she made tea and when she took it out of the house where William was reported missing. She was asked exactly when she made the tea, how long was she playing with the kids? And William's foster mother was saying, she can't remember those timings and she can't remember other details, other timings, you know, and her answers. She was saying, I don't know. I can't say definitively. I just don't know. She was saying she wasn't thinking clearly at the time and she'd raise her hands to either side of her head and to kind of give that sense of just so much going through her mind at the time. You know, she was talking about panic and hope and all I could think was, I don't know where he is. And she was close to tears at times. And, yeah, there are inconsistencies in what she said. You know, she's been questioned a couple of days after William was reported missing, interrogated again by Police in 2016. This is the third time she's had a kind of a major police interview and they challenged her. They said, nine other witnesses say that you told them you were inside making the tea when William went missing. But she was now saying she might have been outside drinking the tea when she noticed William went missing and she accepted. You know, possibly she did say that, and possibly she was inside when William disappeared. But. But I'll be honest, that was the level of the inconsistency. So they are there. But also, think back to what you were doing. This would have been eight years ago. She was questioned, particularly a moment of stress, a moment of fear, a moment of whatever happened, of high emotion. Would your recall be exactly right?
Nina Young
No. And there's been plenty of research on the way that trauma affects your memory and your brain as well. So that has to be taken into consideration.
Dan Box
Yeah, but they kept looking for these inconsistencies, and that's fine. That's their job. You know, they asked her about that drive when she. So she was looking for William down Benaroon Drive and out to Batar Creek Road, the drive that you and I did, down to that crossroads where the police have said they believe she disposed of William's body. And they asked, you know, when did you make that drive? Where did you Stop. Where did you turn? Around the car? Why was there 20 minutes between that drive and you calling Triple Zero? And she says, I don't know. She doesn't claim to be able to answer. She says, look, I think I was so focused on. I don't know what I was thinking. All I was thinking was, I've got to find him. I can't give you an answer for that. I don't know. And look, to me, she seemed honest, she seemed fallible, you know, she didn't have an explanation for everything. She didn't have a reason for anything. And over the two days, you could see her getting exhausted by those constant questions. What did she know? When? What did she think When? How did she know that? When did she know that? And her voice got faint and at times she was fighting back tears just.
Nina Young
On the timing of the Triple Zero call. Gerard Craddock made a point at the first part of the inquest that the average time it takes for a parent to call Triple Zero is. Is two hours.
Dan Box
I didn't know that.
Nina Young
Yeah. So he made a point at the first inquest of saying she actually called Triple zero faster than average.
Dan Box
Is that right? That's interesting. But, you know, again, the Crime Commission is doing its job. It's prizing for those weaknesses in her evidence and it's trying to kind of get in and exploit them and see what if it can widen those cracks. And the examination eventually got aggressive, genuinely aggressive. So William's foster mother is being examined by this barrister, Sophie Callan, who is very good. I've seen her in court. And she starts asking her, you know, do you accept that when you took that drive to the riding school, you could have dumped William's body there? And at that point, William's foster mother does break down in tears and there's a very emotional reaction. You think I did that? No, absolutely not. And the barrister hammers it. Did you do that? Did you take his body to the riding school? And the response is no. No. And there are tears in the video and there are tears here in the courtroom as well, because William's foster mother is physically in the courtroom watching herself answer these questions. And she's crying and her husband has got his arm around her. But the questions continue. Did you find his body under the ferns and the veranda that day? Again, no. She's absolutely insistent. Did you find his body, realize he died and there was no point calling emergency services? No. Did you decide to take charge of that situation that was beyond remedy and hide his body? No. Did you Decide to take charge of the situation and hide his body rather than let your mother feel a sense of responsibility. No. And then the barrister Sophie Callan spells out the police theory. I want to suggest to you that what happened that day was William went around the veranda and toppled over and it was nobody's fault but an accident. No. And on finding him, and William's mother interrupts, but I didn't find him. The barrister says, I want to suggest you put his body in the car and that's why you took the drive that day. And the foster mother just responds, no, I didn't. So she's insistent. She looked drawn and she looked white by the end of it.
Nina Young
Was your sense that her answers were truthful?
Dan Box
Yeah. I'll be honest with you. And look, I've seen a lot of people give evidence in court and sometimes you can tell they're lying and sometimes, Well, I guess you never know what you don't know. But in this case, there's nothing to make you think she wasn't telling the truth or she wasn't saying something that was wrong, arguably, unlike the bit we heard next. So the next thing we heard was this tape of two of the detectives who went to the foster mother's house to serve the summons on her, which is the bit of paper saying, you have to go to the Crime Commission. And one of them was this Detective Sergeant Andrew Lonergan, who told her, we're not saying you hurt him, so we're not saying you hurt William. And the other detective, Detective Sergeant Scott Jamison, who told her what we're saying. We know how it happened and we know why it happened and we know where he is now today at the end of this week's hearings. We know they didn't know that. They didn't know how it happened or why it happened or where he is. Because we heard today that at that time, when they're saying those things, the huge forensic search of Benaroon Drive had not been done. Neither had the forensic search of the car, that hadn't been undertaken. And the forensic search of that crossroads where they're suggesting she left William's body, that had not been done, so they couldn't have had any evidence from those. And we now know those searches didn't produce any forensic evidence. And this goes back to what you said about how surreal the Crime Commission is. William's foster mother had a phone call with one of her friends, which was covertly recorded, and they played that in court today. And she said at one point, I feel like I'm living in somebody else's body. I feel like I'm living in a dream. Because she now knows the police are targeting her. And that friend says, do you feel like they're any closer? And William's foster mother says, no. And that's what makes me angry. She says, you know, you've got zero. You've wasted millions and millions of dollars and you've got nothing. And that devastates me. She says. And she imagines this time in the future where, you know, years from now, maybe William's body will be found and people will say, oh, that was the little boy that went missing. What was his name again? And she says, that hurts me that he'll be forgotten. And in this phone call with her friend, she says, I won't let people forget him. And of course, she doesn't know that anyone's listening to that phone call at the time. So that that was the end of the evidence today. Except right at the end, the police barrister stood up and said, we are going to come back. There'll be another week of hearings in December. He said he wants to call that expert on feral animals that we heard about way back at the beginning of the week.
Nina Young
We're still on the animals. Okay?
Dan Box
We're still on the animal and the theoretical possibility that William's body could have been removed by an animal, and that might explain why there's no actual evidence at the scene. And the coroner said she's already refused to call that expert and has said that she's looked at the way his experiments were done and she doesn't think they're credible. But the police said they're going to press it. They really want to call that witness to arguably say that. And the police also said they want to call William's foster mother to face questions in person. The coroner said she's already ruled that that's not going to happen. But the police barrister said he's going to ask again. So I don't know if it will happen, but we are coming back in December. And that was it. That was the end of the week.
Nina Young
So back in November 2021, when they announced the search, Detective Chief Superintendent Darren Bennett, he addressed the media.
Dan Box
Yep.
Nina Young
And he did a press conference where he announced that they were about to do this search. And I'm just reading off. So this is a story from the Australian. The Australian says that he was probed about new information the force reportedly received in September of 2021, which pointed to a previous suspect being questioned again. And he replied this is in relation to information we have received. No doubt about that. There is an investigative review that has been undertaken as an ongoing process, but there is also new evidence. I will not go into specifics. Have you heard anything this week that suggests new evidence?
Dan Box
No, no, in fact, the opposite. Which is what leads you to question, what was the purpose of this week? If we spent four entire days in court to show that the police have no evidence? Makes you wonder if, in fact, that was the purpose of this hearing and what's missing is, then why did the police pursue this? How did they make the decision to launch this investigation of William's foster mother? All we've heard is the fact that they've not found anything. And I guess that's okay if you trust the police and you trust that they always make good decisions. But in this case, they haven't always made good decisions or we wouldn't be here 10 years on from when William went missing with no evidence and two families who were hurting, and we don't know what they would have found if the police had spent the past four years looking at someone else. So for the inquest to just gather the facts of what's been found and not been found and not ask how that happened, what the police are thinking, I think that's important. And that job, asking if the police did the right thing, that's been left to others, which is where we come in. You know, what did the police do right and wrong, right from the beginning? And that is what we're going to do in the next episode. This is Witness. William Tyrrell. A lot of different people have been involved in making this series. Among them, the executive producer is Nina Young. The sound design was by Tiffany dimack. The producers have been Emily Pidgeon, Nicholas Adams Jasbar, Phoebe Zukowski Wallace and Tabby Wilson. Research by Aidan Patrick. Original Music by Rory O'Connor. Our lawyer is Stephen Coombs. The editor at news.com au is Kerry Warren. I'm Dan Box.
Unknown
Did you know that there's more than 2,000 stocks listed on the Australian Stock Exchange, most of which you've never heard of, most of which are actually right at the cutting edge of what's going to drive our economy into the future. They're in mining, searching for the battery metals to power us into the future. Medical companies researching the next big breakthrough to make us healthy into the future. Or tech companies, brilliant young Australian entrepreneurs seeking the next big tech unicorn. Well, if you want to know about them, search Stockhead. Stockhead is focused on the small, you never know you could find the next big thing. Stockhead.com.
Gary Jubelin
The podcast Faith on Trial looks into Hillsong, both in Australia and the US and takes both the listener and hosts on unexpected twists and turns. In the story of Brian Houston and the Singing Preachers, there are two incidents involving Pastor Brian the Australian journalists uncovered a litany of alleged criminal behavior in the megachurch.
Dan Box
Financial gifts were being given to the.
Gary Jubelin
Leaders of the church. Listen to Faith on Trial Hill Song ad free on Crimex plus on Apple Podcasts today or wherever you get your podcasts.
Podcast Information:
[00:01] Dan Box:
The episode opens with Dan Box standing outside the New South Wales Coroner's Court in Lidcombe, Sydney, as the inquest into William Tyrrell's disappearance is about to commence. He sets the scene by describing the atmosphere and the pivotal nature of the proceedings:
"I can only imagine their whole world is going to stop. And all that will matter is what happens in that courtroom inside the building in front of me."
Dan Box (00:01)
Key Points:
[02:04] Mick Fuller:
The former Police Commissioner, Mick Fuller, endorses Detective Chief Inspector David Laidlaw's leadership:
"He pulled together probably one of the best teams we've seen. And it's been an active investigation."
Mick Fuller (02:04)
[02:28] Dan Box:
Dan expresses skepticism about the police's confidence in their suspect:
"How can the police say all that with that kind of confidence? And yet today in this hearing, we're not going to hear from the lead detective himself."
Dan Box (02:28)
Key Points:
[04:27] Dan Box:
Dan discusses the arguments presented by the coroner's lawyer, Gerard Craddock, emphasizing the absence of concrete evidence:
"It's beyond any argument now that William Tyrrell has not been found. And it's beyond argument that no forensic evidence has been located anywhere that provides a clue to his disappearance."
Dan Box (04:28)
[08:31] Nina Young:
Nina delves into the testimonies of neighbors who heard a car on the morning William went missing:
"Peter and Sherelle Crabb testified hearing a car doing a U-turn, which they initially thought was a postman."
Nina Young (08:31)
Key Points:
[20:19] Nina Young:
Nina highlights the impact of media coverage on public perception:
"The Guardian and the Daily Mail portrayed the fall of forensic evidence and introduced the wild animal theory to the public."
Nina Young (20:19)
[20:24] Nina Young:
She further discusses the challenges posed by media narratives:
"The media shapes the story, influencing how the public understands not just what happened, but who these people are."
Nina Young (20:24)
Key Points:
[34:30] Nina Young:
Nina reports a significant development from the inquest:
"The truck driver who was on Batar Creek Road during the disappearance provided conflicting accounts that do not support the police theory."
Nina Young (34:30)
[36:12] Nina Young:
She questions the truck driver's lack of crucial observations:
"The truck driver did not see William's foster mother disposing of the body, contradicting police suspicions."
Nina Young (36:12)
Key Points:
[45:59] Dan Box:
Dan reflects on the emotional toll of the inquest:
"I feel like every night I go to sleep and I wake up without getting any rest."
Dan Box (45:59)
[47:09] Dan Box:
He explains the role and intensity of the Crime Commission:
"The Crime Commission is a secret body with powers beyond normal investigations, focusing on organized crime."
Dan Box (47:09)
[53:12] Nina Young:
Nina underscores the psychological strain on the foster mother:
"She appeared honest and overwhelmed, showing no clear deceit in her testimony."
Nina Young (55:44)
Key Points:
[26:14] Nina Young:
Nina discusses the complexities surrounding suppression orders:
"There are numerous suppression orders and non-publication orders that limit information sharing."
Nina Young (26:14)
[33:22] Nina Young:
She reveals new information about the persons of interest:
"As of August, there were 1,709 people on the police's persons of interest list, which has since been reduced by 345."
Nina Young (33:22)
Key Points:
[25:10] Nina Young:
Nina voices journalistic frustration:
"For years, we've dutifully reported what the police told us, but now we see the potential damage of this one-sided narrative."
Nina Young (25:10)
[33:36] Dan Box:
Dan critiques the lack of transparency in the police investigation:
"The police have no evidence, yet they continue to pursue a theory that lacks direct support."
Dan Box (33:36)
[58:43] Dan Box:
He summarizes the week's revelations and hints at future episodes:
"We're going to explore what the police did right and wrong from the beginning in our next episode."
Dan Box (58:43)
Key Points:
Dan Box (00:01):
"I can only imagine their whole world is going to stop. And all that will matter is what happens in that courtroom inside the building in front of me."
Mick Fuller (02:04):
"He pulled together probably one of the best teams we've seen. And it's been an active investigation."
Gerard Craddock (04:28):
"It's beyond any argument now that William Tyrrell has not been found. And it's beyond argument that no forensic evidence has been located anywhere that provides a clue to his disappearance."
Nina Young (20:24):
"The media shapes the story, influencing how the public understands not just what happened, but who these people are."
Dan Box (33:36):
"The police have no evidence, yet they continue to pursue a theory that lacks direct support."
Nina Young (55:44):
"She appeared honest and overwhelmed, showing no clear deceit in her testimony."
Episode 5 of Witness: William Tyrrell meticulously dissects the intricate web of the ongoing inquest, spotlighting the absence of concrete evidence, the heavy reliance on circumstantial facts, and the profound impact of media narratives on public perception. Through detailed examinations of testimonies, police strategies, and journalistic coverage, the episode underscores the enduring mystery of William's disappearance and the multifaceted challenges in unveiling the truth. As the series progresses, listeners can anticipate a deeper exploration into the investigative processes and potential missteps that have prolonged this heart-wrenching case.