Judges block Mitchell bid to blame student

Published on Wednesday 12 March 2008 21:13

LUKE Mitchell, jailed for the 2003 murder of his girlfriend, suffered a setback yesterday in an attempt to blame another man for the killing.

Judges at the Court of Criminal Appeal in Edinburgh are considering several grounds of appeal put forward by Mitchell's lawyers last month against his conviction for killing Jodi Jones when they were both 14.

The court heard Mitchell's defence team was working on another ground of appeal. It relates to a possible suspect, Mark Kane, 28, a former student at Newbattle Abbey College, Dalkeith, Midlothian, near the murder scene.

The lawyers had been given until 21 March to complete a dossier to be submitted to the court.

Yesterday, Jane Farquharson, counsel for Mitchell, unsuccessfully asked the court to order the release of documents which she believed could help build a case against Mr Kane.

The documents included his probation records, and personal details of students and staff who knew him at the college.

The Crown opposed the move and the advocate-depute, John Beckett, QC, repeated his claim that a compelling circumstantial case against Mr Kane was "quite untenable".

Mr Beckett said: "This is a classic 'fishing' inquiry. They are in effect saying, 'We hope something might turn up to make our ground of appeal look better than it is at the moment'. It is not even based on any great expectation of fish being caught."

Lord Hamilton, the Lord Justice-General, sitting with Lords Osborne and Kingarth, said the terms of the order sought were too wide, and they had not been persuaded that it should be granted.