William Tyrrell’s foster father’s claim about the vile words he uttered to crying schoolgirl, 11, he is accused of assaulting and stalking

William Tyrrell's foster father's vile words to an 11-year-old girl he is accused of stalking and abusing were just part of “talking to himself,” his lawyer claims.

A court has heard a recording of the 57-year-old, known as JS, launching an expletive-laden rant about the girl as she got into the car for a trip to school at around 7.40am on November 23, 2020.

JS was heard claiming that the girl had ruined both his and his wife's lives. He shouted at the crying girl: 'Move, bloody move', before calling her a 'bloody lazy bastard'.

In his final statements at Parramatta Local Court on Monday, JS's lawyer Phillip English said the outburst came within the man's breath.

Mr English said the last part of the outburst was 'very softly spoken, I couldn't hear it, the next bit must be sotto voce' and told magistrate Susan McIntyre 'Are you satisfied beyond all reasonable doubt that this amounts to to intimidation? There is no approach whatsoever by the suspect to (the then primary school girl).”

Mr English appeared on the last day of filing in a case against JS and the foster mother of William Tyrrell, known as SD, before a decision by Her Honor in March next year.

The foster parents are accused of common abuse of a child and stalking, intimidation and causing fear of physical or mental harm to the child between Australia Day 2021 and August 30, 2021.

The foster mother, 58, has pleaded guilty to two charges of common assault on the girl.

She has pleaded not guilty to stalking and harassment and her husband JS has pleaded not guilty to all charges against him.

The offenses are alleged to have taken place at two different homes in Sydney North Shore and in a vehicle.

Parramatta Local Court in western Sydney has heard recordings of heated verbal exchanges between the child and 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, Mr English played down the abuse allegation, with the girl saying at one point that JS “grabbed my neck” on the day she was kicked by the foster mother.

Mr English said in subsequent interviews with police officers that the girl had said the incident was more of a push on her shoulder and that the child had told them: 'He usually just shouts. I didn't think he would strangle me 'because he's not normally like that'.

Mr English told Magistrate McIntyre on Friday that police had been warned about asking “leading questions” to child witnesses and that the alleged assault had taken place on what was “a very emotional day”.

The SD's barrister, Sharon Ramsden, told Her Honor that in the harassment allegations she had to consider whether the physical acts against the alleged victim constituted unlawful harm.

“Otherwise, every time a parent says, 'Come here, I'm going to hit you on the bottom,' would be tantamount to harassment.”

The SD defense had previously argued that if a parent's threat to slap a child was considered criminal 'it would criminalize every household in Australia'.

But police prosecutor Chief Inspector John Marsh said the “slap, clap, clap” was clearly on the recording, and that the many incidents and alleged threats were “certainly not what (happened in) every household in Australia”.

He said there was an incident where the child used a phone without permission, and then called the foster mother an 'af***ing b***h'.

“The cumulative effect of all these incidents shows that (the foster mother) knew her behavior was likely to cause distress, but continued anyway.”

Police allege the mother threatened the girl while her foster 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 from sitting back down” in the kitchen of a suburban home.

She later told a teacher she was afraid to return home, police allege.

One day in November 2021, the child was placed in a 44-minute timeout period and then told the couple she “hated them.”

Present at the hearing were detectives from Strike Force Rosann, which is investigating the disappearance of William Tyrrell, including the task force commander, Chief Inspector David Laidlaw.

The court was told that the foster mother 'tried to intervene in the problematic behavior of the (alleged) victim'.

She warned the girl that if she defecated on the floor she would rub her face in it, it is alleged.

Police allege that when the child screamed in pain, SD “then forced the child to sit on the ground for an extended period of time before kicking the (alleged) victim, causing her pain and bruising.

“The (alleged) victim allegedly tried to get up a number of times, but (SD) forced her to sit down.”

William Tyrell disappeared in September 2014 at the age of three in the NSW Mid North Coast town of Kendall and no trace of the toddler has ever been found.

No one has ever been charged in his disappearance.

In late 2021, a further search was conducted in bushland within 700 meters of the Kendall house where William was last seen, but no significant objects were identified.

NSW Police have forwarded a letter to prosecutors recommending charges be laid against the foster mother over William's disappearance.

SD has denied any involvement and there is no evidence of her guilt.

The DPP has until the end of January to decide whether to charge SD with perverting the course of justice and interfering with a corpse.

Magistrate McIntyre adjourned Monday's case to March 22 and continued with an arrest warrant to protect the young girl.