The National Justice Project welcomes new NSW law closing a loophole in the Crimes Act, ensuring those who commit sexual violence or interfere with a body when time of death is uncertain can now be prosecuted.
These changes are a direct result of the tireless advocacy of Mona Lisa ‘Mona’ Smith and Jacinta Rose ‘Cindy’ Smith’s families and implements the Coroner’s reccomendations. The 2023 coronial inquest confirmed what the family has always known; that the legal system and police failed their daughters and failed them.
One of the most harrowing elements of this case was the decision of the Director of Public Prosecutions not to proceed with charges against the man who sexually assaulted Cindy.
It is hard to believe that charges were dropped because it could not be determined whether the assault occurred before or after Cindy died. With this law, this injustice will never happen again.
35 years after the girl’s deaths, the Coroner found that there had been sufficient evidence to prosecute Cindy’s perpetrator at the time. The failure to pursue the perpetrator to seek justice for Cindy understandably caused Cindy’s family unimaginable hurt.
The courage of Mona and Cindy’s families, along with their unwavering demand for accountability, has led to this important law reform.
Source: Breaking: ‘Cindy’s Law’ has passed in NSW – Justice Update