Luke Mitchell to launch new murder conviction appeal

The man jailed for murdering Dalkeith schoolgirl Jodi Jones is to launch a fresh appeal against his conviction after a Supreme Court ruling on access to a lawyer.

Luke Mitchell argues his trial was "unfair" because "crucial" evidence against him came from a police interview during a period he claims he had no access to a lawyer.

Today, his legal team said his conviction should be revisited because the way he was questioned by police breaks human rights laws.

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Last year, the Supreme Court ruled that Scottish rules allowing suspects to be detained for six hours without access to legal representation was contrary to human rights laws.

The breach of the European Convention on Human Rights forced the Scottish parliament to introduce emergency measures to allow immediate access to a lawyer.

Mitchell, who was 14 at the time his girlfriend Miss Jones was murdered, says he was not given access to a lawyer during a police interview.

In 2005, he was sentenced to serve a minimum 20 year sentence for Jones' murder.

In paperwork issued today, Mitchell's lawyers say: "The evidence of the appellant's interview was relied upon by the Crown as crucial to the corroboration of the circumstantial Crown case.

"The use if the is evidence rendered the appellant's trial unfair in the circumstances of this case."

His representatives also highlight Appeal Judges previously saying the interview in question was handled in an "outrageous" way.

Judges will decide at a later date if they will allow the new appeal to go ahead.

Earlier this month, an attempt by Mitchell to have his minimum jail term reduced was dismissed.

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