Police who investigated and eventually charged former NSW detective Gary Jubelin have been scolded over their handling of the case after witness statements seemed to "magically appear" during the hearing.
Jubelin, a high-profile former supervisor in the NSW homicide squad, is contesting allegations four audio recordings he made during the investigation into missing toddler William Tyrrell were illegal.
Magistrate Ross Hudson on Tuesday was asked to allow the Crown to tender two statements from two detectives who worked under Jubelin in the Tyrrell investigation.
The hearing began in Sydney's Downing Centre Local Court on February 3 before one statement "seemed to magically appear" on 5 February and the other statement was signed the following day, Mr Hudson said.
"The court is somewhat extremely bemused by the nature and the extent of the ... service," Mr Hudson said.
Mr Hudson pointed to the investigators' non-compliance with evidence obligations, the many months the matter had been set down for hearing and the prosecution of Jubelin without first seeking a statement from the man he'd allegedly illegally recorded.
"All those matters cause the court some disquiet," he said.
Gary Jubelin denies illegally recording conversations during the search for toddler William Tyrrell. Source: AAP
"How are the police running this investigation?"
He eventually allowed the statements of Detective Senior Constable Paul Apthorpe and Detective Senior Constable Louise Currey to be admitted.
Both officers told the court they had concerns about the quality of a surveillance report on an operation targeting a person of interest Paul Savage in July 2017.
The court on Tuesday was told Jubelin may argue he was protecting his "lawful interests" in recording Mr Savage without the retiree's knowledge, in part due to Mr Savage's response during and after the July 2017 surveillance operation.
The hearing is due to resume on Wednesday.
