Mitchell wins permission to challenge conviction

Published on Wednesday 8 March 2006 00:58

LUKE Mitchell, the teenager convicted of murdering schoolgirl Jodi Jones, has been granted leave to appeal against the verdict, it emerged last night.

Mitchell, now 17, was sentenced to life in January 2005 for the frenzied knife attack on his 14-year-old girlfriend. Jodi's throat was slashed up to 20 times, her hands tied behind her back and her body mutilated on a secluded woodland path near their homes in Dalkeith, Midlothian, in June 2003. Mitchell was jailed for life and ordered to serve at least 20 years.

Last year, The Scotsman revealed that Mitchell was Scotland's most expensive criminal and had cost taxpayers nearly 500,000 in legal aid fees. The appeal means costs will rise again. Lawyers working for the teenager began the appeal process in August last year. The appeal paper has been examined or "sifted" by one judge and will now be able to progress to a full hearing.

Nigel Beaumont, Mitchell's solicitor, last night confirmed that his client's appeal paper had been considered and most points of appeal passed the sift.

A spokesman for the Appeal Court confirmed: "He's been granted leave to appeal."

Mitchell's lawyers hope that even if the appeal fails, they may be able to get the 20-year sentence reduced.

Lord Derek Nimmo Smith, who presided over the case, described the murder as one of the worst cases he had dealt with. Mitchell's legal team vowed to mount a challenge to the conviction just days after he was sentenced.

The note of appeal was prepared by Mitchell's senior counsel, Donald Findlay QC, one of Scotland's top defence lawyers.

In its 20-page appeal submitted last year, Mitchell's defence team lodged 13 grounds for appeal - 12 against conviction and one against the length of the sentence. It claimed that Mitchell was a victim of miscarriage of justice.

The appeal centred on a claim that the case was never strong enough and that Lord Nimmo Smith should have dropped the charges after hearing prosecution evidence.

The team also complained that the trial was prejudiced because it was held in Edinburgh, where there had been a great deal of publicity about the murder.

Another part of the appeal mentioned strong concerns over evidence about Mitchell's mother, Corrine, which the team said diminished her reputation. Mrs Mitchell had claimed that her son was at home with her at the time Jodi was killed.

The Crown produced documentation which proved Mrs Mitchell had falsified papers about her son's age so that he could get a tattoo on his arm even though he was under the legal age.

Mitchell's defence team claimed the jury should never have heard the evidence because it was produced in the later stages of the trial without them receiving warning.

Gillian Law, the instructing solicitor in the case, was reported as saying at the time that Mitchell was "relieved" the appeal was in motion and "steadfastly maintained he is innocent".