THE trial of a man accused of murdering toddler, Cheryl Grimmer almost 50 years ago will not proceed after a judge ruled that his 1971 police interview was not admissible.
Cheryl vanished from outside a Fairy Meadow beach shower block on January 12 in 1970 while with her mother and three older brothers.
The former accused was 15 when Cheryl disappeared and 17 when he was interviewed by police for one hour and 40 minutes in April 1971.
Justice Robert Allan Hulme said no parent, adult or legal practitioner was present at any stage of the police interview. Justice Hulme said as a result, the evidence was inadmissible and could not be used at the man’s trial, which was due to start in May.
Prosecutors withdrew the charge because there was insufficient evidence for the case to proceed in the NSW Supreme Court without the interview.
The man, who cannot be named as he was underage at the time, pleaded not guilty in September 2018 to murdering the three-year-old.