Jodi accused's brother 'suspected of giving police false statement'

Shane Mitchell, 23, admitted giving conflicting statements about the day of Jodi’s death, changing the time he said he had arrived home from work.

Initially, he had suggested it was about 3:40pm. Later, he asked to make a second statement, and put the time at nearly 5pm.

The High Court in Edinburgh was also told that an examination of Mr Mitchell’s computer equipment had revealed that pornographic websites were accessed during an internet connection between 4:53pm and 5:16pm that day.

Mr Mitchell’s evidence was still in its early stages when the trial had to be halted because of illness suffered by a juror. It is hoped to resume his testimony today.

Luke Mitchell, 16, denies murdering Jodi, 14, his girlfriend, on Monday, 30 June, 2003, by striking her repeatedly with a knife in woods at Roan’s Dyke path, a short-cut between their homes in the Newbattle and Easthouses areas of Dalkeith, Midlothian.

He says that between 5pm and 5:45pm, when it is believed the murder was committed, he was in his home in Newbattle Abbey Crescent, or in the area of the house.

Detective Inspector William Cravens, of the National Hi-Tech Crime Unit, said he examined a computer system which he understood had belonged to Shane Mitchell. He found that, not for the first time, pornographic sites had been accessed on 30 June, and other sites which appeared to be connected with cars.

Mr Mitchell said Jodi was his brother’s girlfriend in 2003, and he gave a number of statements to police in the days and weeks following her death. The first occasion was on the night of 3 July. It was a "very lengthy statement", he added.

"It covered everything from years ago up to the weekend previously," Mr Mitchell told the jury. The information he had provided included the time he arrived home from work on 30 June, and what he did after arriving home. At this stage, he could not remember what he had said.

The advocate-depute, Alan Turnbull, QC, read from the statement, where the time was given as 3:40pm.

Mr Mitchell said he could not remember exactly how it came about that he made a second statement on 7 July. He thought he had contacted the police.

"It is a long time ago and a lot has passed," he added. "I believe I wanted to make a second statement because there were errors in my first one."

The new time he had given was "between 4:55pm and 5pm".

Mr Mitchell said he was questioned on 14 April last year, the same day his brother was arrested.

He agreed with the prosecutor that he had been cautioned in the police station that day.

Mr Turnbull asked: "Were you told during the interview that the police suspected you might have deliberately given them false information earlier?"

Mr Mitchell replied: "Yes."

He said he had visited his brother about two or three times since his arrest. The last time had been last summer.

Mitchell’s defence team had started the day one short of its usual complement. Junior counsel Jane Farquharson had gone into labour during the night, and Donald Findlay, QC, explained her absence in jocular fashion to the judge.

"Despite instructions I have given her to the contrary, she has gone to another place to attend to another matter and may be away for a day or two," said Mr Findlay.

Lord Nimmo Smith commented: "Please convey to her the best wishes of the court for a safe delivery."