 In his High Court appeal Dietrich was represented by David Grace, QC. The main argument advanced on Dietrich's behalf was that his trial was a miscarriage of justice, since he did not have legal representation. He argued that he should have been provided with counsel at public expense, given the seriousness of the crime with which he was charged. Alternatively, he argued that the judge should have stayed or adjourned the trial until he was able to obtain counsel himself. His argument was based on the common law tradition that an accused is entitled to a fair trial.
