A babysitter killed Victorian toddler Daniel Thomas after weeks of torture which his mother failed to stop, a coroner has found.
Mandy Martyn tied Daniel to his bed, locked him in cupboards, gagged and beat him and held his head under water during six weeks of torture in the lead-up to his death, Victorian coroner Jacinta Heffey ruled.
The two-year-old died on or about October 13, 2003, from the abuse suffered at the hands of his babysitter Ms Martyn, Ms Heffey said.
She found Daniel's mother, Donna Thomas, contributed to his death through her inaction.
"His death was caused by Mandy Martyn, who inflicted the injuries that led to his death," Ms Heffey said in Victorian Coroners Court on Thursday.
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"Donna Thomas contributed to his death by her inaction and her failure to protect her son."
Police have never charged a killer but Detective Senior Sergeant Stuart Bailey told reporters after the finding the investigation was ongoing.
Ms Thomas wept in Victorian Coroners Court on Thursday as Ms Heffey delivered her findings.
She and Daniel moved into Ms Martyn's Myrtleford home about six weeks before he died.
Throughout the period, Daniel was subjected to horrific abuse, Ms Heffey said.
"Daniel was exposed to cruelty amounting to torture," she said in her findings.
Ms Heffey said Ms Thomas failed her son by remaining in the home and allowing the abuse to continue.
"She remained under the same roof as someone who systematically mistreated her own son and she manifestly failed to protect or console him," she said.
"She chose to do nothing and allow the abuse to Daniel to continue."
Ms Heffey found Daniel's death was possibly caused by strangulation, drowning or a head injury but did not make a ruling on a specific cause.
Daniel was reported missing by Ms Martyn in October 2003.
His remains were found in 2008 buried under the nearby home where he and his mother had previously lived.
Daniel's father, Kevin Ruffels, hugged family members after the finding was delivered.
He said he had always blamed Ms Martyn for his son's death.
"She was obviously the one all along we thought was the main suspect so I hope she goes to hell," he said outside court.
"There's no closure until Mandy gets her right whack, she gets charged hopefully, and sentenced to many years in prison."
Mr Ruffels said he was shocked Ms Thomas was also named as a contributor to Daniel's death.
Ms Martyn was not in court and was excused from giving evidence at the inquest.
