The New South Wales state's senior Crown prosecutor has refused to comment on the appeal judgment that he created a ''fiction'' to mount the case against Gordon Wood.
In the Court of Criminal Appeal, three justices demolished the Crown's prosecution of Mr Wood, saying there had been ''dangerous reasoning'' by Mark Tedeschi, QC, that had been ''entirely without foundation''.
Many in Sydney's legal fraternity had been eagerly anticipating the judgment to see what criticism had been made of Mr Tedeschi, and the Chief Judge at Common Law, Justice Peter McClellan, did not mince words.
Nor did Justice Megan Latham, who sat on the appeal and said: ''Speculation, conjecture and suspicion can never amount to proof beyond reasonable doubt … [moral] certainty was entirely lacking in the Crown case against the applicant.''
When contacted by The Sun-Herald yesterday, Mr Tedeschi said: ''It's not appropriate for me to respond to a judgment in the Court of Criminal Appeal.''
The Director of Public Prosecutions, Lloyd Babb, SC, has also declined to comment.
However, Mr Tedeschi may be forced to defend himself if, as has been predicted, Mr Wood makes a complaint to the Legal Services Commission and the Bar Association about his conduct in the trial.