Heartbroken family of murdered three-year-old Cheryl Grimmer slam 'spineless' prosecutors for dropping appeal case against suspected killer
- Family of murdered toddler have slammed prosecutors for dropping appeal
- Cheryl Grimmer vanished from a Wollongong beach on January 12 1970
- In March 2017, a man who was 15 at the time, was charged with her murder
- Charge was dropped last month after judge ruled police video was inadmissible
- The DP said there would be no appeal against the court's decision on Wednesday
- One of Cheryl's brothers, Ricki, said DPP was 'spineless' for not appealing case
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.
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Mr Speakman said police and the DPP would be meeting to speak on the matter.
The family of the murdered toddler are adamant police found the right man and are desperate for him to front a jury.
Ricki Nash, 55, one of Cheryl's older brothers, said the heart had been 'ripped' out of the family.
'The DPP is spineless to drop the case so quickly and not appealing,' he said on Wednesday.
The family of the murdered toddler are adamant police found the right man and are desperate for him to front a jury (pictured: Cheryl with her father John)
A general view of the beachside amenities block where police believe Cheryl was abducted
'The cops are sure they have the right man. No one else would have known the level of detail in his statement and furthermore, the police did a great job corroborating what he said.'
Last month, the court decided the accused man had submitted a 'false confession' as a teenager because he was disturbed.
'He told the detectives that he intended to have sexual intercourse with her; he did not because she started to scream as soon as he took a gag off her; so he then strangled her, she stopped breathing and he thought she was dead,' the judge said.
'He said he then ''panicked and covered her up with bushes and run for it''.'
Justice Hulme said no parent, adult or legal practitioner was present at any stage of the police interview.
At the time, there was no mandatory requirement, legislative or otherwise, or even a guideline by way of police instruction, for an adult support person to be present during the interview.
The judge also heard evidence from two psychiatrists, who agreed the teenager had a very disturbed mental state at the time and was acting out in various ways.
A man extradited from Victoria in connection to the 1970 murder of Cheryl is escorted by NSW police at Sydney Airport in March 2017
They also said he had a low average intelligence, was immature and more vulnerable than the average 17-year-old.
During the 1971 interview, the then-teenager told two detectives he'd seen children come up from the beach to the toilets and correctly described the Cheryl's swimming costume.
He told them he grabbed the little girl, picked her up and used a hand to cover her mouth before walking away.
He took police for a walk-through in May 1971 where he said there had been a cattle grid and a small creek, which had since been demolished for housing.
In January 2017, a witness backed up the claims by saying they remembered the cattle grid in early 1970.
When the man was arrested in 2017, he said his confession in 1971 was false and he made up a story during the walk-through.
He was released from custody on February 15 2019 after prosecutors decided to drop the charge amid Justice Robert Hulme's ruling.
The man has since returned to his home in Victoria.
A NSW Police spokeswoman told Daily Mail Australia: 'The NSW Police Force is continuing to consider the court's decision and is exploring its legal options.'
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