A suggestion from lawyers appealing the trial of a convicted Wellington rapist that racial prejudice may have marred proceedings

Poet Lewis Scott is appealing a rape conviction for the second time.

Defence lawyer Letizea Ord told the Court of Appeal there was potential bias surrounding the defendant's ethnicity.

The woman was younger and white, and 72 year old Scott is African-American.

Ord says when the Crown asked jurors to use their "commonsense", about whether the woman would have sexual relations with Scott ... it showed subtle prejudices.

Crown lawyer Dale La Hood says he didn't mention race once - and merely asked jurors to look at the facts.