As such under the old ANO there was no problem whats so ever doing the 3 as sole manipulator with someone else as PIC who is a none instructor.
Wrong. Ever since the advent of JAR-FCL, it has always been the case that, if out of recency, the 3 take-offs and 3 landings must be flown either as PIC (solo) or Dual (with FI). If Dual, the pilot regaining recency must be sole manipulator for at least 3 take-offs and landings, i.e. he/she cannot count demo or instructional take-offs and landings flown by the instructor.
I reall cannot understand why barrack room lawyers are trying to put any other interpretation on such a pretty straightforward requirement.