The family of three‑year‑old Cheryl Grimmer — who disappeared from Fairy Meadow beach, Wollongong, in January 1970 — say they are "devastated and angry" after NSW DPP Sally Dowling declined to reopen the case. A 2019 judge's ruling excluded a confession the suspect made as a teenager, and the DPP's review concluded that exclusion cannot reasonably be challenged. The family, which submitted hundreds of pages of legal arguments, has asked for a fuller explanation and says it will continue seeking answers.
Family 'Devastated' As NSW DPP Upholds Decision Not To Reopen 1970 Disappearance Of Toddler Cheryl Grimmer
Bristol toddler Cheryl Grimmer disappeared from the Australian beach in January 1970 [Family handout]
The family of three‑year‑old Cheryl Grimmer say they are "devastated and angry" after New South Wales' Director of Public Prosecutions (DPP), Sally Dowling, declined to overturn an earlier decision not to proceed with further charges in the 1970 disappearance.
Background
Cheryl, a toddler from Bristol, vanished from the changing rooms at Fairy Meadow beach in Wollongong in January 1970, shortly after her family emigrated to Australia. Extensive searches at the time produced no leads, and the case remained unsolved for decades.
Developments and Legal Issues
In 2017 a man in his sixties — referred to in court documents as "Mercury" and protected for legal reasons — was charged with Cheryl's abduction and murder. The prosecution did not proceed after a judge ruled in 2019 that a confession he gave as a teenager could not be admitted as evidence. The suspect denies wrongdoing and the criminal charges were dropped.
Review By The DPP
At the family's request, DPP Sally Dowling agreed earlier this year to review whether the judge's exclusion of the recorded interview could be reasonably challenged. In a letter to the family she wrote that, after an "afresh" review, she concluded the exclusion was not reasonably open to challenge and therefore the decision not to recommence proceedings remains correct. She acknowledged the decision would be "very disappointing" and offered to meet the family.
"I have reviewed this case afresh to determine if the decision not to proceed further was correct... 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." — Sally Dowling, DPP NSW
Family Reaction
The Grimmer family say they provided hundreds of pages of legal argument and were furious at what they describe as a brief reply. Cheryl's eldest brother, Ricki Nash, called the explanation "incredibly difficult to accept," and said: "Cheryl was three years old. She never got the opportunity to grow up, have a career, fall in love, have children or live the life that was taken from her." The family say they will continue to press for answers and have asked the DPP for a more detailed response to their submissions.
Ongoing Interest
The BBC's 2022 podcast into the Fairy Meadow case renewed public attention, and at least one new witness came forward after the broadcast. While prosecutors say the legal barrier posed by the excluded confession remains decisive, the family and some supporters continue to call for further investigation and transparency.
Note: The suspect was not tried; his 2019 confession was excluded by a judge and prosecutors later dropped the case. The DPP's decision reflects that legal ruling rather than a new finding of innocence or guilt.
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