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Four Corners report prompts review

A report on the ABC’s Four Corners program (Monday May 9) has prompted a review of the Department of Public Prosecution’s decision not to prosecute two men, following the death of Lynette Daley, who died during a camping trip at Ten Mile Beach north of Iluka in 2011.
Ms Daley, 33, died from serious injuries after violent sex acts were performed on her while she was drunk.
The day after the program aired, about 25 protesters gathered outside Clarence MP Chris Gulaptis’s Grafton office, to call for justice for Ms Daley.
On that day, Mr Gulaptis issued a media statement: “Firstly, I extended my deepest condolences to the victim’s family on the brutal death of their beloved mother and daughter, Lynette (Norma) Daley.
“I can only imagine the turmoil and angst they must be going through.
“Unfortunately I am not able to be present at today’s protest rally as NSW Parliament is sitting.
“What I will say is that I stand shoulder to shoulder with Ms Daley’s family and the broader community in their search for justice.
“This is a truly disturbing case. A heinous crime was committed and I am astounded and horrified at the depth of depravity that was carried out by persons I can only describe as animals.
“It is a travesty of justice that the perpetrators haven’t been brought to justice.
“I am aware the NSW Attorney General requested the Director of Public Prosecutions (DPP) review the matter in February and I understand that work is well underway.
“The DPP has advised the Attorney General he is carefully considering the Coroner’s findings and complex legal issues raised in this case.
“I will have the opportunity to speak to the NSW Attorney General this morning at Parliament and will raise with her the concerns of Ms Daley’s family and the broader community as to why the case hasn’t progressed to trial.
“We need to see justice for the family and we need to see closure for the family and the broader community and you have my unwavering support in seeking that.”
On Wednesday May 11, the DPP’s director of public prosecutions, Lloyd Babb SC, issued the following statement: “Recent media reports have raised questions about my Office’s decision not to prosecute following the tragic death of Lynette Daley.
“I acknowledge the understandable distress of the family and the community.
“It is appropriate that I review the matter to determine whether the correct decision was made.
“Given the importance of maintaining public confidence in the administration of justice, I have taken the unusual step of seeking advice from independent counsel, Philip Strickland SC and Belinda Baker.
“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.”
Mr Gulaptis subsequently issued a statement in support of the DPP’s decision.
“I’m very pleased for the family and their supporters that the DPP has listened to the public outcry and taken the unusual step of seeking independent advice from two highly regarded barristers to determine whether the matter should go to trial.
“This is a particularly brutal attack on an indigenous woman and if we are to have confidence in our judicial system then we must have justice for the most vulnerable in our community.”