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Jodi case coverage 'was intense' Jodi police come under scrutiny
(about 7 hours later)
A teenager convicted of murdering his girlfriend was the subject of "an intensity" of press coverage before his trial, appeal judges have heard. Detectives investigating the murder of Jodi Jones "cast fairness aside", it has been claimed at the Court of Criminal Appeal in Edinburgh.
Luke Mitchell's 16th birthday and the announcement of his exam results kept his name in the press months after the death of Jodi Jones, a court was told. Donald Findlay, QC, acting for Luke Mitchell, who was given life for her murder, said police had "flaunted" the guidelines, whether deliberate or not.
The newspaper reports were published even when a court order was issued to restrict reporting, it was claimed. He was particularly critical of the ID process in which a trial witness was shown a number of photographs.
Mitchell is appealing against his conviction for killing Jodi in 2003. He said the one of Mitchell, now 19, clearly stood out.
The 19-year-old, who was jailed for a minimum of 20 years, is also challenging the length of his sentence. Mr Findlay told the court that no proper explanation was ever given for not putting Mitchell in a proper ID parade - as recommended in official guidelines.
Donald Findlay QC, representing Mitchell, made the allegations on the second day of the hearing at the Appeal Court in Edinburgh. The lawyer said that if this had happened a solicitor could have objected to the "stand-ins".
This media coverage, while it naturally died down, did not go away Donald Findlay QCDefending One had to raise ones eyes at the veracity of the statement of a senior officer. These were guidelines he was duty-bound to know about, for a man of his rank Donald FindlayDefending
On Tuesday, Mr Findlay argued that Mitchell suffered a miscarriage of justice because his murder trial was held in Edinburgh, where widespread "hostile" media coverage about Mitchell would have had the greatest impact. "It is difficult looking at this, in my submission, to see how police could have more ignored, contravened, torn up and thrown away those guidelines," he said.
On Wednesday, he continued his argument by pointing the three senior judges to a number of press cuttings from the months after Jodi's death. Mr Findlay singled out Det Supt Craig Dobbie, who led the murder investigation.
"This media coverage, while it naturally died down, did not go away," he told the court. Mr Dobbie told Mitchell's trial that he had not known of ID parades for persons who were only suspects.
He pointed judges to the "nature, the quality and the intensity of press coverage" featuring Mitchell. "One had to raise ones eyes at the veracity of the statement of a senior officer. These were guidelines he was duty-bound to know about, for a man of his rank," Mr Findlay said.
Mr Findlay said: "It (the case) continued to be kept in the public domain over a period of time and very simply... it must be that the impact of that was bound to be stronger the closer one is to the locus of the incident itself." He suggested that the police were "in haste" to get the witness, Andrina Bryson, to identify Mitchell.
Mitchell and Jodi were both 14 at the time of her death on June 30 2003. "That explains the combination of high-handed and cack-handed approach by police in this matter," he said.
She was stabbed to death in woods near her home in Dalkeith, Midlothian. 'Stark reality'
Her partly-clothed and mutilated body was found beside a path near her home in the village of Easthouses. Mr Findlay pointed out that one of the 11 photos was a child much younger that Mitchell and no-one else had a similar haircut. The background in the Mitchell photo was also much lighter than the others.
Mitchell has always insisted he is innocent of the crime. Mr Findlay said it threw Mrs Bryson's claim that Mitchell was the youth she saw into question. She also failed to pick him out in court.
The appeal, which is being heard by judge, Lord Hamilton, and Lords Osborne and Kingarth, continues. The body of Jodi Jones was found on a footpath near her home
The appeal judges also heard how Mitchell's attempt to help Jodi's worried family find her on the night of 30 June, 2003, had been given a sinister twist it did not deserve.
The trial heard how grandmother Alice Walker, then 67, Jodi's sister Janine, 19, and Janine's fiance, barman Steven Kelly, 21, mounted a torchlight search of the Roan's Dyke path and met up with Mitchell and his dog.
Mitchell was first to look over a gap in the wall - near to where Jodi, 14, lay.
Prosecutors claimed he had led the others to the body because he knew where it was.
He questioned why Mitchell, who is appealing his conviction and the length of his sentence, should want to lead others to the body if he were the killer.
Restricted reporting
The appeal court earlier heard how Mitchell was the subject of "an intensity" of press coverage before his trial.
It was told how his 16th birthday and the announcement of his exam results kept his name in the press months after Jodi's death.
It was claimed the newspaper reports were published even when a court order was issued to restrict reporting.
Mr Findlay has argued that Mitchell suffered a miscarriage of justice because his murder trial was held in Edinburgh, where widespread "hostile" media coverage about him would have had the greatest impact.
In giving Mitchell a life sentence, trial judge Lord Nimmo Smith ordered him to serve at least 20 years before applying for parole.
The appeal before Scotland's top judge, Lord Hamilton - sitting with Lords Osborne and Kingarth - continues.
They are expected to issue a decision in writing at a later date.