The heartbroken family of a three-year-old toddler who was murdered almost 50 years ago has slammed 'spineless' prosecutors for dropping appeal case against suspected killer.
Cheryl Grimmer (right) vanished from outside a surf club at Fairy Meadow Beach in Wollongong, south of Sydney, on January 12 1970 and her body was never found
Cheryl Grimmer vanished from outside a surf club at Fairy Meadow Beach in Wollongong, south of Sydney, on January 12 1970 and her body was never found.
In March 2017, a man who was 15 at the time of Cheryl's death and can't be named, was arrested in Victoria, extradited to New South Wales and charged with murder.
The now 65-year-old pleaded not guilty in September 2018 to murdering the three-year-old.
But the murder charge was dropped last month following a judge's ruling that his 1971 police interview was inadmissible and could not be used at his trial which was due to start in May.
The accused, who was 17 at the time of the police interview, confessed to Cheryl's abduction and murder but the court ruled the juvenile should have had an adult with him, despite no such legal requirement existing in 1971.
In finding the police interview was inadmissible, Justice Robert Hulme noted: 'The Crown accepts that its case cannot succeed without it.'
Prosecutors withdrew the charge because there was insufficient evidence for the case to proceed in the NSW Supreme Court without the interview.
Ricki Nash (pictured centre), 55, one of Cheryl's older brothers, said the heart had been 'ripped' out of the family and described the DPP as 'spineless' for not appealing dropped case
The DPP said there would be no appeal against the court's decision on Wednesday. Cheryl is pictured centre
The Director of Public Prosecutions (DPP) Lloyd Babb SC said there would be no appeal against the court's decision on Wednesday, the Daily Telegraph reported.
The confirmation comes despite the fact the court had not yet received a police submission, who argue the judge's ruling was wrong.
Attorney-General Mark Speakman has demanded an explanation as to why the case will not be appealed.
'I have asked the Director of Public Prosecutions for information about the decision not to appeal from the judgment of the Supreme Court,' Mr Speakman said.
Mr Speakman said police and the DPP would be meeting to speak on the matter.
The family of the murdered toddler
