Jodi's killer begins bid to overturn conviction

Published on Wednesday 3 August 2005 13:56

TEENAGE killer Luke Mitchell has launched a last-minute appeal against his conviction for murdering his girlfriend Jodi Jones and mutilating her body.

The 16-year-old was sentenced to life in prison in February after being found guilty of the "truly evil" murder of the 14-year-old schoolgirl.

Mitchell is also appealing against his sentence which means he will not be allowed to apply for parole until he is at least 35.

The appeal was lodged by lawyers just half-an-hour before the deadline for it to be made was set to expire.

Judge Lord Nimmo Smith described Jodi's murder as "one of the worst cases of a single victim to have come before the court in many years" when he jailed Mitchell.

The minimum 20-year term he imposed was the longest handed down on a youth.

Jodi's throat had been slashed about 20 times, her hands tied behind her back and her body mutilated when her body was found on a woodland path near her home in Easthouses, Dalkeith.

Mitchell has always protested his innocence of the killing and showed no emotion during the nine-week murder trial.

But Mitchell's legal team today confirmed that an appeal against his conviction and sentence has now been lodged at the High Court in Edinburgh.

The appeal was originally due to be lodged by May 9, but Mitchell's defence lawyer, Donald Findlay QC, had the deadline extended twice to give him more time to prepare the "complex" case.

Mitchell's solicitor, Nigel Beaumont, said today: "The appeal has now been lodged. We are confident that this appeal will eventually go ahead.

"We have appealed against both the sentence and conviction."

Mr Beaumont refused to comment on the grounds of the appeal. However, he has previously complained that prosecution evidence was sprung on the defence team without sufficient warning.

His grievance centres on evidence given in court which proved that Mitchell's mother Corinne had provided false papers to a tattoo parlour so her son would appear old enough to have a picture of a horned demon etched on his arm. Mr Beaumont claims the evidence should not have been allowed because it impinged on Mrs Mitchell's credibility. She claimed her son was at home with her when Jodi was killed.

A spokeswoman for the Scottish Executive added: "Luke Mitchell's appeal has now been launched and will be considered by an independent judge."

At the trial, Lord Nimmo Smith also noted Mitchell's obsession with knives and satanism and his excessive consumption of cannabis as possible factors.

Mitchell, from Dalkeith, Midlothian, had denied killing Jodi in June 2003, and lodged special defences which alleged he had been in his house with his mother at the time of the murder and that his girlfriend had been killed by someone else.

On the day Mitchell was sentenced, Mr Findlay said his client continued to insist he was innocent and told the court: "Whatever is said about Luke tomorrow and in the days thereafter, so long as that young man maintains to me he did not kill Jodi, the fight to clear his name will go on."

If the first stage of Mitchell's appeal is refused, he can lodge a final appeal, which would then be considered by a panel of three judges.

It has emerged that Mitchell is set to have the highest legal bill in Scottish history, with the charges from defence lawyers already reaching more than 250,000. He has been granted legal aid to challenge his conviction.