Grimmer Family Devastated as DPP Upholds Decision to Abandon Case

Cheryl Grimmer's family has expressed devastation and anger after the NSW director of public prosecutions upheld the decision to abandon the case over the three-year-old's disappearance. Cheryl disappeared from Fairy Meadow Beach near Wollongong on January 12, 1970, and her body has never been recovered.

Family Criticizes DPP's Decision

Cheryl Grimmer's brother, Ricki Nash, strongly criticized the outcome of a formal request under the Office of the Director of Public Prosecutions (ODPP) Victims' Right of Review Policy. "I am utterly disgusted, devastated and deeply angry at what our family has received," he said.

The review examined the decision to discontinue proceedings against a man known by the pseudonym "Mercury", who had been charged over Cheryl's disappearance. The prosecution collapsed in 2019 after the NSW Supreme Court excluded admissions Mercury made to police when he was 17.

DPP's Review and Response

In a two-page letter emailed to the family on September 16, director of public prosecutions Sally Dowling SC acknowledged the impact of the original decision and their patience while the review was conducted. Ms Dowling said she had reviewed the case "afresh to determine if the decision not to proceed further was correct".

"As you appreciate, this question turns on whether the exclusion of the recorded interview with Mercury by the trial judge is reasonably open to challenge."

"After careful consideration I have concluded that it is not, and that therefore the original decision to take no further proceedings following that ruling was correct."

She told the family her review led her to conclude "there are not reasonable prospects of succeeding in a challenge to the trial judge's determination" on Mercury's admissions.

Family's Reaction and Next Steps

Mr Nash said the family had submitted 54 detailed legal and evidentiary arguments, contained in material he estimated to exceed 1,000 pages. He contrasted that with the DPP's two-page letter, saying its substantive response amounted to only several paragraphs.

"We have received an extraordinarily brief determination. To describe the findings as disappointing is an understatement," Mr Nash said.

The family believes the review focused on whether the original ruling could be challenged, rather than fully reconsidering and responding to the issues it raised. Mr Nash said the family wanted the DPP to explain in detail why its submissions did not justify further action.

"Put some effort into Cheryl and our family," he said.

NSW MP Jeremy Buckingham has offered the family an opportunity to give further evidence to a parliamentary inquiry into unsolved homicides and long-term missing-person cases in October.