KEY POINTS:
The successful legal defence of Clint Rickards was based on distancing him as far as possible from Brad Shipton and Bob Schollum - so far that his lawyer John Haigh, QC, even tried to get a separate trial.
Mr Haigh tried to get "severance" for Mr Rickards in
the trial of the second Rotorua woman that ended this week in the acquittals of the three men.
It was one tactic in a defence that Mr Rickards has said cost him more than $500,000. It would have meant he got a separate trial, but was opposed by the Crown and the lawyers for Shipton and Schollum. It was ruled the trio should be tried together.
Mr Haigh said he was concerned that Mr Rickards could have been tainted by the convictions of Shipton and Schollum for the Mt Maunganui pack-rape that, although suppressed, had made it into the public domain via the internet and other sources.
He also believed Mr Rickards had a stronger defence. The Rotorua woman was able to clearly identify Shipton and Schollum, who never denied knowing her, but Mr Rickards said he had never seen her in his life.
Mr Haigh said Mr Rickards also had the defence that he was incapacitated after a knee operation for some of the period during which the alleged indecent assault with a whisky bottle took place.
In a surprise move, Mr Haigh called former All Black Steve McDowell - a childhood friend of Mr Rickards through judo - as a witness to back this up.
Aside from the legal approach to distancing him, Mr Rickards also seemed to be physically removing himself from Shipton and Schollum in the courtroom.
Mr Haigh said another defence in the case of the Rotorua woman, who has name suppression, and of the rape charges relating to Louise Nicholas was a "direct head-on rebuttal".
This involved Mr Rickards giving evidence in his own defence in both trials, something the accused is under no obligation to do. It is generally considered risky because it opens the defendant up to cross-examination.
He considered Mr Rickards, a former undercover officer who has given evidence in court about 100 times, a good witness despite criticism that he was a "practised liar" and was "reciting a mantra" while in the stand.
The rebuttal strategy also included demonstrating that Louise Nicholas and the Rotorua woman had no credibility.
"This may look like we are just chipping away at the edges or arguing small points, but I believe the juries in both trials were able to see the overall picture that there were gaps in the evidence that left much more than reasonable doubt."
Mr Haigh commended the juries in both trials, as well as the jury system when it came to judging historic sex offences.
"Human sexuality is a frail area in relationships. It is not easy to determine and juries need to apply their common sense and overlap that with the legal requirements.
"They almost always come to the correct conclusion, I believe."
