Risk of collapse in Mitchell defence

Published on Friday 25 January 2008 13:02

A KEY strand of Luke Mitchell's attempt to overturn his conviction for the murder of schoolgirl Jodi Jones was threatening to unravel today.

Last month, Mitchell's defence lawyers said they had "compelling circumstantial evidence" to put others in the frame. But appeal judges still have to decide whether the claims are strong enough to be considered in court.

Today, defence advocate Jane Farquharson admitted it was still "a work in progress" with only ten days to go before the full appeal hearing. She asked the Court of Criminal Appeal in Edinburgh not to make any decisions while defence QC Donald Findlay was out of the country.

Meanwhile, John Beckett QC, for the Crown, told Lord Hamilton – sitting with Lords Osborne and Kingarth – that even if everything said on behalf of Mitchell were true, it would not be enough to shake the guilty verdict.

There was no DNA evidence to link either of the two new "suspects" with the crime scene, he said. Last month the court was told about a drug addict said to have a fascination with the same sort of mutilations as those found on 14-year-old schoolgirl Jodi.

Another man is said to have left a used condom only 50 yards from where Jodi's body was found – and later lied to the police.

Since the possible new evidence was announced in court, investigations have continued.

Today Ms Farquharson said one of the supposed "suspects" had provided a sworn statement to his own lawyers which contained information that Mitchell's defence team wished to challenge.

A teacher at Newbattle Abbey College had made a statement knocking down the theory that a drug addict studying there could have had a part to play.

Defence lawyers are hoping to convince appeal judges that new evidence could have swayed a jury in Mitchell's favour.

To get the "evidence" into court they must also show why it was not to hand at the time of the trial. Mitchell, 19, was 14 in June 2003 when Jodi's body was found in woodland beside Roan's Dyke path, which led from her home in Easthouses, Dalkeith, to the Newbattle area of the Midlothian town where Mitchell lived.

During the trial, jurors were taken by coach to walk the length of the path and visit the spot when the schoolgirl's naked body was found. After Mitchell was sentenced his defence team, led by Donald Findlay, launched an appeal, claiming Mitchell did not get a fair trial.

Lawyers said the trial should never have been held in Edinburgh because of the publicity that followed the murder.

They also said it was unfair to include other charges relating to carrying knives and smoking cannabis on the same indictment as the murder.

They protested, too, against the way police had asked a witness to identify Mitchell from a book of photos, and about the decision to allow evidence over the finding of bottles of urine in the Mitchell home.

Mitchell's trial also heard of his obsession with bizarre rock star Marilyn Manson and an alleged link to the notorious "Black Dahlia" murder.

Mitchell is due back in court on February 5, when his appeal hearing is expected to last at least eight days.