A man acquitted of murdering his boyfriend in 2007 has been ordered to give evidence at an inquest into his death, where he will be granted immunity from criminal prosecution.
But, while they may never see a conviction, all Matthew Leveson's family wants is to lay the young Sydney man's body to rest.
Mr Leveson vanished without a trace after leaving Sydney's ARQ Nightclub with boyfriend Michael Atkins in the early hours of September 23, 2007.
The 20-year-old's body has never been found.
NSW Deputy State Coroner Elaine Truscott said evidence links Mr Atkins to his boyfriend's death and although he indicated he would not willingly appear at the inquest, she has compelled him to do so.
"Mr Atkins is likely to be able to give important evidence about the manner and cause of Matthew's death," Ms Truscott told the NSW Coroner's Court in Glebe.
"I am satisfied that the circumstances of this case are so exceptional and compelling that immunising a witness from potentially being tried again for Matthew's murder would not cause damage or disrepute to the administration of justice."
Mr Leveson's family wiped away tears and embraced in court when the decision was handed down.
"Although they're macabre questions, we want to know why was Matt killed, where was he killed, how was he killed, where are his remains now?" his father, Mark Leveson, told reporters outside court.
Mr Leveson's mother Faye said: "The main objective is to bring Matt home - to bring him home to say our goodbyes - and to lay him to rest like a normal human being should be laid to rest when they die.
"If he (Mr Atkins) walks, so be it. We just want Matt home."
Mr Leveson's parents believe there are others who know more than they are letting on, and questioned how they sleep at night.
Mark Leveson had a clear message to those he believed were holding back information: "Grow a conscience. Do the right thing and tell the truth."
Security footage aired at the inquest showed Mr Atkins buying a mattock and gaffer tape about 10 hours after Mr Leveson was last seen alive.
Ms Truscott said he lied to police about buying the items and did not report Mr Leveson missing until he was pressured to do so, with other evidence also linking him to the young man's death.
Mr Atkins, 44, was acquitted by a jury of Mr Leveson's murder in 2009 and exercised his right to silence during the criminal trial.
Ms Truscott said without his evidence it would be near impossible to hand down any definitive findings.
"The coroner, the lawyers, the police, the media and the public will move their attention to the next case," she said.
"The members of the Leveson family will not; they are left to continue on with the burden of not knowing what happened to Matthew.
"That burden will be added to by the despair and disappointment that an opportunity to find out what happened to Matthew at this inquest was denied them."
Mr Atkins' lawyers have said they will appeal against the decision in the NSW Supreme Court before the inquest resumes in October.
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