Rivlin's strategy IMO made it impossible for Jeremy to have a fair trial. By arguing the Sheila used the silencer before putting it away resulted in the judge instructing the jury to find Jeremy guilty.
Could Jeremy appeal against conviction on the ground that he suffered a miscarriage of justice as a result of defective representation? Jeremy did once write a letter of complaint to Sir David Napley.
Here are some legal extracts I found on the subject.
"In Winter v HMA 2002 SCCR 720, the Lord Justice Clerk, relying on E, reiterated that in order to succeed in an appeal based upon alleged defective representation, the appellant must show, not only that the instructed defence was not put forward, but also that the failure to do so meant that he was denied a fair trial."
"The United Kingdom ineffective assistance standard originated from case law. Initially, courts in the United Kingdom were concerned with the "extent of counsel's alleged ineptitude." Presently, the courts in the United Kingdom are primarily concerned with whether a miscarriage of justice" resulted from the counsel's conduct.'' More specifically, the courts are concerned with whether counsel's conduct was so prejudicial to the accused that it establishes that the accused did not have a fair trial."
"Hemphill v. H.M. Advocate. In Hemphill, the defendant argued that his solicitor failed to investigate the timing of the victim's death, consult or consider pathologist reports about the victim's time of death, and failed to question expert or forensic witnesses. Rather than relying on information from experts, the solicitor cross-examined the Crown's pathologist based on the solicitor's own hypotheses. The High Court of Justiciary held that there had been a miscarriage of justice since counsel failed to investigate important forensic and pathological evidence. The Court found that if counsel had taken the appropriate steps, the defendant's defense would have been "significantly reinforced""
