"He has genuine and heartfelt gratitude to his wife and children for their support during the tragedy."
Whittall formed a mining consultancy after Pike River was placed in liquidation, but Shortall said he had been unemployed for some time.
"Despite opportunities to pursue work abroad, Mr Whittall decided to remain in New Zealand because he believed it was the right thing to do."
He faces prosecution by the Department of Labour alongside the company and one of its contractors.
"Mr Whittall has also faced intense public scrutiny before the Royal Commission at which he appeared as a witness on numerous occasions while others refused to do so."
Pike 29 families spokesman Bernie Monk said that the families were still waiting for an apology from everyone involved, including Whittall.
"No one but no one has ever come to the Pike River families from Pike River to say 'sorry'."