Tobias Moran has launched legal action against NSW Police for malicious prosecution over the withdrawn charge that he murdered his girlfriend, German backpacker Simone Strobel, in Lismore in 2005.
O’Brien Criminal & Civil Solicitors announced the District Court proceedings in a statement published on October 13.
Mr Moran was arrested in Perth on July 26, 2022 and voluntarily extradited to NSW to face the murder charge.
His lawyers say he spent ten days in custody and ten months under strict bail conditions before the NSW Office of the Director of Public Prosecutions withdrew the charge on June 14, 2023.
The court subsequently ordered the state to pay his legal costs.
‘Mr. Moran has consistently maintained his innocence of this horrific crime,’ his solicitor, Stewart O’Connell, said.
Mr O’Connell said the proceedings would examine the investigation and prosecution, with his firm seeking justice for its client if the prosecution was found to have been improperly motivated.
Mr Moran said he believed the prosecution had been driven by improper motives and hoped the action would bring renewed attention to the unsolved homicide.
‘Everyone impacted by Simone’s death and the aftermath deserves some answers and closure,’ he said.
Ms Strobel’s body was found near the Lismore caravan park where she had been staying with Mr Moran and friends in February 2005.
In findings delivered on November 6, 2025, State Coroner Teresa O’Sullivan found Ms Strobel died as a result of homicide by an unknown person or persons.
She accepted it was unlikely Mr Moran could have acted alone in killing Ms Strobel and disposing of her body, but declined to find it was very unlikely he had been involved.
The coroner made no assessment of the adequacy of the police investigation, saying that issue was outside the inquest’s scrutiny.
She recommended referral to the Unsolved Homicide Team for assessment and monitoring, including consideration of further forensic analysis.
NSW Police told the ABC it was aware of the civil proceedings but declined to comment.
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