The New South Wales Director of Public Prosecutions (DPP) will bring in independent counsel to review his office’s decision not to prosecute two suspects in the brutal killing of Lynette Daley.
The DPP, Lloyd Babb SC, said he had asked Philip Strickland SC and Belinda Baker to review the decision.
Ms Daley, 33, died from serious injuries during a 2011 camping trip on Ten Mile Beach near Iluka, in the state’s north, after violent sex acts were performed on her when she was drunk.
“Given the importance of maintaining public confidence in the administration of justice, I have taken the unusual step of seeking advice from independent counsel,” Mr Babb said.
“These two very experienced and highly regarded barristers from the private bar will review all the material and provide their advice to me.
“I will then proceed to make my decision and advise the public of the outcome.”
Ms Daley’s parents have demanded a meeting with NSW Attorney-General Gabrielle Upton to seek answers as to why the suspects were never held to account.
Ms Daley was found naked, bruised, and bloodied and an autopsy later found she died from blunt force genital tract trauma.
Her family and supporters have criticised the DPP for not prosecuting two men allegedly involved in her death.
A spokesman for Ms Upton said she was happy to meet with Ms Daley’s family to discuss the matter.
Adrian Attwater was charged with manslaughter and Paul Maris with manslaughter accessory after the fact, and the coroner referred the matter to the Director of Public Prosecutions, but neither man was prosecuted.
‘Talk isn’t enough, we want action’: stepfather
Gordon Davis, Ms Daley’s stepfather, said he was pleased Ms Upton had called him and his wife, Ms Daley’s mother, Thelma on Wednesday afternoon.
He said he hoped the independent review would lead to something being done.
But he said it was all “too little, too late” for Ms Daley.
“Talk isn’t enough, we want action,” he said.
“We’ve been hurt and let down in the past five years. We want something done.
“And we’re not going to give up until we get it done.
He said he was very grateful to the ABC for the coverage of the story.
“If it wasn’t for Four Corners we would have just been swept in the corner … we owe a lot to them.”
He said the family had previously trusted the authorities to do the right thing, but they had not come through for them, so it will be difficult to trust that they will do what is right now.
“We’ve been let down in the past, so I’m not going to get my hopes up.”
He said he loved the support the family has received from the community, including from the parents of murdered boy Daniel Morcombe, who had come to see them.
“My faith in humanity has been restored, before no one gave a damn,” Mr Davis said.
He said the Morcombes had told them to “hang in there and keep pushing like they did”.
Review necessary to ensure ‘correct decision made’
Mr Babb said he had made the decision to engage independent counsel because of questions raised after recent media coverage about his office’s decision not to prosecute.
“I acknowledge the understandable distress of the family and the community,” Mr Babb said in the statement.
“It is appropriate that I review the matter to determine whether the correct decision was made.”
In a post on a Change.org petition on Tuesday, Mr and Mrs Davis said they felt strength from the more than 50,000 people who had signed and were “demanding answers”.
“The pain doesn’t get easier. But at a time when our family had lost all faith in humanity — you helped us change our mind, to find the strength to pull together,” they wrote.
“Today we will be calling the Attorney-General’s office and demanding that she meets with Thelma and I to demand answers on why justice for Lynette has not been served.”
On Tuesday, about 25 protesters gathered outside the office of local MP Chris Gulaptis in Grafton to call for justice for Ms Daley.
Mr Gulaptis said he wanted to discuss the case with Ms Upton.
“We all want justice,” he said.
“This was an horrific crime and something that not even animals would perpetrate.
“I sympathise with them and I support their cause and I will certainly speak to the Attorney-General as to why the case hasn’t progressed.”
Earlier this week Ms Upton issued a statement to the ABC saying the DPP was currently working on the case.
“This is a truly disturbing case, and my thoughts go to the family and friends,” the statement said.
“I asked the Director of Public Prosecutions to review the matter in February and that work is well underway.
“The DPP has advised me that he is carefully considering the coroner’s findings and the complex legal issues raised in this case.”
This post originally appeared on ABC News.
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Top Comments
I hope for the family's sake they get to see some justice and finally have peace in their lives.