The lawyer of a Kapiti Coast councillor convicted of indecent assault says measuring his penis was a trial tactic that misfired - and it could have led to a miscarriage of justice.
David Scott pressed himself against a council staffer at a morning tea in 2017, but he's appealing both conviction and sentence.
Scott wasn't in court on Tuesday, where his lawyer Barbara Hunt criticised the move at his trial last year to measure his penis, saying it was a schoolboy joke gone wrong.
The measurement was taken to check if it matched what the victim felt being pressed into her.
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However on Monday, she said it was degrading and insulting to Scott, and that it attracted a frenzy of attention.
Hunt criticised Scott's trial lawyer for the measuring tactic, but the Crown said the lawyer was well-respected and experienced.
Barbara Hunt also asked for new evidence to be admitted. Further details on this are suppressed.
Scott is on leave from his council position, pending the outcome of this appeal.
The Wellington Court of Appeal reserved its decision.