But the DDP sent the family a letter earlier saying the judge’s ruling was correct.
“I have reviewed this case afresh to determine if the decision not to proceed further was correct,” she wrote.
“As you appreciate, this question turns on whether the exclusion of the recorded interview with Mercury by the trial judge is reasonably open to challenge.
“After careful consideration I have concluded that it is not, and that therefore the original decision to take no further proceedings following that ruling was correct,” she said.
Dowling said the decision was likely to be “very disappointing” and offered to meet the family.
The Grimmer family say they submitted hundreds of pages of legal arguments and are furious to get such a brief reply.
They have now written back to the DPP demanding a more detailed response to the arguments they made.
