Lawyer Jonathan Eaton QC has suggested public perception played a part in Mark Lundy's murder conviction, based on his behaviour at the funeral of his wife and daughter.
Christine and Amber Lundy were bludgeoned to death in 2000, and Mark Lundy was sentenced to life imprisonment two years later. His conviction was later overturned by the Privy Council, but a 2015 retrial again put him behind bars.
On the second day of Lundy's latest appeal in Wellington, his attorney questioned whether the high-profile nature of the case had caused the jury to form an opinion based on media coverage.
In particular, footage of him apparently overcome with grief at the funeral had created a negative perception of Lundy that carried over to the jury.
"This was a case where there was absolutely a risk that the jury would engage in 'demeanour reasoning'," said Mr Eaton. "I described it yesterday as the elephant in the room.
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"Everybody knew about Mark Lundy pre-trial, everybody had a view… the overall consensus of opinion was negative towards him. That was a view fed by his case being reported over so many years.
"Everybody in New Zealand had been exposed to the funeral scene - it was played again last night, it was played in the build-up to the trial. Every time Mr Lundy's case is mentioned, they play the funeral scene.
"We've had programmes on television and commentators and books, which write about it and refer to the scene… as a performance, a feigning of grief."
Mr Eaton insisted there was risk that the jury considered Lundy's emotional demeanour during its deliberations and the judge should have warned against this.
The jury asked to re-watch a video of Lundy's police interview, when he was shown photos of his dead wife and daughter.
"In the video, you can see his response to that, which is demonstrable and loud and disturbing and physical and audible, and has parallels to the funeral scene."
Lundy has not been present in the Court of Appeal hearing, but Mr Eaton has consumed most of what was scheduled as a two-day hearing with his case against the conviction.
The Crown has yet to open its argument. Its lawyers will begin their submissions this afternoon and likely roll over into tomorrow.
Newshub.
