A mother accused of killing her young daughter more than a decade ago will never face trial over her death because evidence in the case has been destroyed.
Angela Bannister died just a month shy of her second birthday in 2008.
A coroner ruled nearly three years later that she tot had died in her Echuca home most likely from injuries caused by either her mother Tania Maree Walker or stepfather Daniel Simmons.
It took years before detectives charged the pair with child homicide by negligence.
Supreme Court Justice Paul Coghlan has granted the pair a permanent stay of proceedings after finding the destruction of phone intercepts and surveillance device material creates a significant disadvantage.
He also found there was an unexplained delay, and that the prosecution case was almost entirely as it was when the inquest ended.
Coroner Richard Wright found the injuries were caused by Simmons and/or Walker, either individually or together.
But they were charged on the basis they had failed to get medical assistance for the tot, and that she had died because of that failure.
Justice Coghlan said there were questions about the causation of young Angela's injuries and "a particular unfairness to the accused who is not the perpetrator of those injuries".
His decision was handed down in May but suppressed until Wednesday.
Angela suffered injuries to her face, chest and pelvis, rib fractures that caused bleeding, bruising on her vulva and a "probable human bite on the face".
Simmons had called Echuca hospital at around 2.50am on July 19, 2008 about the young girl possibly having overdosed on ibuprofen, and a nurse heard a child crying.
The hospital recorded that they had been told to bring Angela to the hospital or call triple zero, but Ms Walker told a friend they had been told to give her Panadol and monitor her.
When paramedics responded to a call for an ambulance at 6.20am the young girl was dead and cold.
Police intercepted phone calls between August and September 2008 in which neither Walker nor Simmons admitted causing Angela's injuries.
Those records were destroyed in 2013.
"The actual conversations have been destroyed and it is not possible to assess what might have been of value to the defence," Justice Coghlan ruled.