Western Australian Attorney General Joe Berinson said lawyers representing the Mickelbergs had submitted a formal petition to his office late last week (July 17) seeking a further special reference to the Court of Criminal Appeal.
Mr Berinson said all information provided to him on behalf of the Mickelbergs had been referred to the Director of Public Prosecutions, John McKechnie QC, for advice.
"I understand Mr McKechnie is currently awaiting further information, following a written request by me to the Mickelberg lawyers," he said.
"The DPP is already aware of Dr Baxendale's opinion and Commander Hancock's comments have also been drawn to his attention.
"When all relevant information has been made available, Mr McKechnie will be in a position to make his assessment and provide advice to me.
"I will respond to the petition as soon as possible thereafter."
