A prominent NSW prosecutor is standing by her recommendation that Queensland’s DPP not to recharge accused child abuser and swim coach Scott Volkers.

Margaret Cunneen SC was asked in 2004 to review the Queensland Office of Public Prosecutions’ decision to drop charges against Mr Volkers brought about by three former swimming students.

One of those women, Julie Gilbert, this week criticised Ms Cunneen’s advice, which highlighted factors likely to affect the credibility of Mr Volkers’ accusers.

“No, I don’t resile from it, of course bearing in mind it was 2004 and there may be some considerations in relation to juries being more amenable in 2014,” Ms Cunneen told the Royal Commission into Institutional Responses the Child Sexual Abuse in Sydney.

Her advice, citing a statement from a doctor, said accusations of inappropriate conduct by one of Mr Volkers’ accusers “seems, in view of the trivial nature … of the allegation, almost fanciful”.

Ms Cunneen said the phrase “trivial” referred to the nature and length of the alleged assaults compared with other sexual assaults that come before the courts.

On Thursday, she told the commission the advice wasn’t her personal view, but rather a view of factors determining conviction.

Counsel assisting the commission Gail Furness asked Ms Cunneen if she considered the offences to be “relatively trivial” compared with other cases she had dealt with.

“I certainly don’t wish to hurt any person who has suffered from those assaults by saying that, but that’s the human side of me,” Ms Cunneen said.

“Being a barrister, one must follow the law, and the law is that the more serious cases are attended by greater penalties, and therefore they’re regarded as more serious on the criminal spectrum.”

She told the commission she never expected the advice – which was written in a shorthand – would be made known.