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| Version 3 | Version 4 |
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| Jodi killer claims 'unfair trial' | Jodi killer claims 'unfair trial' |
| (about 16 hours later) | |
| The lawyer for a Midlothian teenager, jailed three years ago for murdering his girlfriend, has told the court of appeal he did not get a fair trial. | The lawyer for a Midlothian teenager, jailed three years ago for murdering his girlfriend, has told the court of appeal he did not get a fair trial. |
| Luke Mitchell's lawyer told the Appeal Court in Edinburgh this was because the case was held in the capital where it had received considerable publicity. | |
| Mitchell, 19, was jailed for a minimum of 20 years for killing 14-year-old Jodi Jones on 30 June, 2003. | Mitchell, 19, was jailed for a minimum of 20 years for killing 14-year-old Jodi Jones on 30 June, 2003. |
| She was stabbed to death in woods near her home in Dalkeith, Midlothian. | She was stabbed to death in woods near her home in Dalkeith, Midlothian. |
| Her partly-clothed and mutilated body was found beside a path near her home in the village of Easthouses. | Her partly-clothed and mutilated body was found beside a path near her home in the village of Easthouses. |
| Following her death, graphic newspaper headlines appeared, among them "Find Jodi maniac," and "Deranged Jodi killer soaked in her blood". | Following her death, graphic newspaper headlines appeared, among them "Find Jodi maniac," and "Deranged Jodi killer soaked in her blood". |
| In my submission, 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 they proved it Donald Findlay QCDefence lawyer | In my submission, 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 they proved it Donald Findlay QCDefence lawyer |
| Donald Findlay QC, defending, quoted from newspapers which suggested a "satanic" element to the horrific killing and that a maniac was on the loose. | Donald Findlay QC, defending, quoted from newspapers which suggested a "satanic" element to the horrific killing and that a maniac was on the loose. |
| Mr Findlay said Mitchell did not get a fair trial because of the imagery of the newspaper headlines which would have been read by jurors in the Edinburgh area. | Mr Findlay said Mitchell did not get a fair trial because of the imagery of the newspaper headlines which would have been read by jurors in the Edinburgh area. |
| One of his grounds of appeal is that trial judge Lord Nimmo Smith blocked a move by Mitchell's defence team to have the trial heard at another courtroom in Scotland. | One of his grounds of appeal is that trial judge Lord Nimmo Smith blocked a move by Mitchell's defence team to have the trial heard at another courtroom in Scotland. |
| "It was a decision no trial judge, approaching it reasonably, could or should have taken," he said. | "It was a decision no trial judge, approaching it reasonably, could or should have taken," he said. |
| He said that throughout there were descriptions of Jodi as an innocent schoolgirl - but no hint of sympathy for Mitchell. | He said that throughout there were descriptions of Jodi as an innocent schoolgirl - but no hint of sympathy for Mitchell. |
| 'Matter of time' | 'Matter of time' |
| "In my submission, 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 they proved it," he said. | "In my submission, 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 they proved it," he said. |
| The lawyer acknowledged that there had been media coverage in newspapers and on television across the whole of Scotland, but argued that it would have more effect in a small community such as Dalkeith where Jodi's death was the first murder for some time. | The lawyer acknowledged that there had been media coverage in newspapers and on television across the whole of Scotland, but argued that it would have more effect in a small community such as Dalkeith where Jodi's death was the first murder for some time. |
| Mr Findlay also said investigations which may lead to new witnesses being brought before the court were still proceeding. | Mr Findlay also said investigations which may lead to new witnesses being brought before the court were still proceeding. |
| He said it would be later in the week before he would be in a position to seek permission to bring new evidence forward. | He said it would be later in the week before he would be in a position to seek permission to bring new evidence forward. |
| Mitchell is appealing against his conviction and challenging his sentence. | Mitchell is appealing against his conviction and challenging his sentence. |
| The appeal is expected to last about a fortnight, with the three judges giving their decision later. | The appeal is expected to last about a fortnight, with the three judges giving their decision later. |
| Surprise evidence | Surprise evidence |
| Mitchell, who has always protested his innocence, was found guilty of murder after the longest single accused murder trial in Scottish legal history. | Mitchell, who has always protested his innocence, was found guilty of murder after the longest single accused murder trial in Scottish legal history. |
| Mitchell's lawyers also claim the judge should not have allowed the jury to consider the case because there was insufficient evidence to find Mitchell guilty beyond reasonable doubt. | Mitchell's lawyers also claim the judge should not have allowed the jury to consider the case because there was insufficient evidence to find Mitchell guilty beyond reasonable doubt. |
| And they claim Mitchell did not get a fair trial because of evidence which the jury was allowed to hear, despite protests by his defence. | And they claim Mitchell did not get a fair trial because of evidence which the jury was allowed to hear, despite protests by his defence. |
| Their list of objections includes a question and answer session during which police are alleged to have bullied Mitchell, evidence of bottles of urine found in his bedroom and a biased selection of photos shown to a key witness. | Their list of objections includes a question and answer session during which police are alleged to have bullied Mitchell, evidence of bottles of urine found in his bedroom and a biased selection of photos shown to a key witness. |
| The defence also claim they were ambushed by surprise evidence about Mitchell and mum Corinne lying about his age in order to get a tattoo. | The defence also claim they were ambushed by surprise evidence about Mitchell and mum Corinne lying about his age in order to get a tattoo. |
| The appeal is being heard before the Lord Justice General Lord Hamilton, Lord Osborne and Lord Kingarth. | The appeal is being heard before the Lord Justice General Lord Hamilton, Lord Osborne and Lord Kingarth. |