Refusal to move Mitchell's murder trial 'was a miscarriage of justice'

Published on Tuesday 5 February 2008 21:10

TEENAGER Luke Mitchell suffered a miscarriage of justice because his murder trial was held in Edinburgh, where there was widespread media speculation he had killed his girlfriend, it was claimed yesterday.

Mitchell's QC, Donald Findlay, said the pre-trial publicity had created a real risk of prejudice that could have been reduced by moving the case to the west of Scotland.

However, the Crown had chosen to hold the trial in the capital, and the trial judge refused to order a change of location, meaning Mitchell, now 19, was treated unfairly, Mr Findlay argued at the opening of a two-week appeal hearing.

He said: "For that reason alone, if for no other, (Mitchell] did not receive the fair trial. Throughout, references (in the media] to Luke were hostile or, at the very least, critical.

"Anyone reading this material could only be left with the impression that Luke Mitchell murdered Jodi Jones, and it was only a matter of time before the police proved it."

Mitchell and Jodi were both 14 at the time of her death in June 2003. Her body was found in woods at Roan's Dyke path, a short-cut between her home in Easthouses, Dalkeith, Midlothian, and Mitchell's house in Newbattle. Her throat had been slit and her body mutilated.

Mitchell was found guilty of murder in 2005.

During the appeal, the defence is to put forward a number of grounds on which they claim Mitchell's conviction should be quashed. These include claims there had been insufficient evidence to justify a guilty verdict, and that an identification of Mitchell was tainted, as a witness was shown a series of photographs of youths, and the one of Mitchell had a brighter background and stood out.

In his opening remarks, Mr Findlay told the Court of Criminal Appeal Mitchell and Jodi were individualists who had their own distinctive attitudes.

The QC turned to his first ground of appeal, and said that, from an early stage, he had raised with the prosecution the location of the trial.

The choice lay with the Crown, and Edinburgh was selected. The trial judge, Lord Nimmo Smith, had refused a request by the defence to switch the venue.

Mr Findlay said: "A failure to accede to the defence motion was unfair and, as a consequence, the appellant did not receive the fair trial to which he was entitled."

He stressed the issue had been where to hold the trial, not that there could be no trial. And he described the pre-trial publicity as concentrated and emotive in the months before Mitchell was charged.

"There was considerable and widespread speculation that (Jodi's] killer was her boyfriend, Luke Mitchell…one was left with the very clear impression that the only suspect was Luke Mitchell," Mr Findlay said.

He accepted the publicity had been nationwide, but maintained that the impact would have been greatest in the local area, in and around Edinburgh.

"There could be no guarantee that by moving (the trial], this would have been eliminated, but in my submission it is demonstrable the risk of prejudice could have been significantly reduced by moving the trial," Mr Findlay said.

"I appreciate there were concerns for Jodi's family…trying to minimise inconvenience in a distressing situation. The Mitchell family would be entitled to the same courtesy. But the convenience of a family must surely be a minor element set against the overwhelming need to ensure a fair trial for an accused."

Mr Findlay added: "What was the problem in moving the trial to Glasgow? The answer is, absolutely nothing."

The hearing continues.

MURDER DRAMA ENTERS A NEW PHASE

IN February 2005, in his final submissions before Luke Mitchell was ordered to serve a minimum of 20 years under a life sentence for murdering Jodi Jones, Donald Findlay, QC, had stated: "As long as that young man maintains to me he did not kill Jodi, the fight to clear his name will go on."

The fight resumed yesterday, and Mitchell listened impassively as he sat in the dock of the same courtroom where he had been convicted by the jury at his trial. This time, it is three appeal judges who need to be persuaded to free him. Some things in the case have become very familiar. For instance, as at several preliminary hearings in the appeal process, Mitchell wore a dark double-breasted suit and blue shirt, with his ever-lengthening pony tail held in place by a band.

And, like at those hearings and at the trial, his mother, Corinne Mitchell, attended, as did members of Jodi's family, including her mother, Judith. The two women entered by different doors, and were seated as far apart as possible.