It is just typical of a charged person's lawyer grabbing at straws, or whatever they can to minimise or get off the charges.
ie., a few years ago, my wife identified a person from photos at the Albury police station, that she had chased ( 6am, one morning from our place) , who had knocked over and broken some large statues in our front garden, ... on his way home from The Astor Hotel.
When it finally got to court, within about 5 minutes it was all over and the culprit got off scot free, because my wife had used the words in the video'd ID, ... "I think, Number 6."
"think" was the wrong word, so on a technicality, justice was not done.
With this Thomson saga, I can understand how justice gets delayed.