The state's Attorney-General has asked for independent legal advice on whether the case of murdered Wollongong toddler Cheryl Grimmer should return to court.
The man accused of killing three-year-old Cheryl, who disappeared from a shower block at Fairy Meadow beach in January 1970, had been due to go to trial in May.
However, a crucial piece of evidence against him - a 90-minute police interview, during which he allegedly confessed to murder - was last month deemed inadmissible in the Supreme Court.
On February 15, Justice Robert Allan Hulme ruled the interview, in 1971, could not be used by the Director of Public Prosecutions (DPP) in evidence against the man.
Justice Hulme raised concern that the then-teenager had been interviewed without a parent, adult or legal practitioner present - despite that not being a legal or police requirement at the time.
Without the key evidence, the DPP dropped the case against the man and on Wednesday confirmed the decision to exclude the interview would not be appealed.
NSW Attorney-General Mark Speakman demanded an explanation from the DPP the following day.
Mr Speakman has since received information from the Director of Public Prosecutions, Lloyd Babb SC, about his decision.
"I recognise the deep hurt felt by Cheryl’s family as a result of the decision, which I’m assured was taken after careful consideration of the judgment by the DPP," he said.
"I have nevertheless requested my own independent advice from the Crown Advocate, Dr David Kell."
On Monday, the Attorney-General was awaiting the advice from Dr Kell.