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| Version 1 | Version 2 |
|---|---|
| Jodi police come under scrutiny | Jodi police come under scrutiny |
| (19 minutes later) | |
| Detectives investigating the murder of Jodi Jones "cast fairness aside", it has been claimed at the Court of Criminal Appeal in Edinburgh. | Detectives investigating the murder of Jodi Jones "cast fairness aside", it has been claimed at the Court of Criminal Appeal in Edinburgh. |
| Donald Findlay, QC, acting for Luke Mitchell, who was given life for her murder, said police had "flaunted" the guidelines, whether deliberate or not. | Donald Findlay, QC, acting for Luke Mitchell, who was given life for her murder, said police had "flaunted" the guidelines, whether deliberate or not. |
| He was particularly critical of the ID process in which a trial witness was shown a number of photographs. | He was particularly critical of the ID process in which a trial witness was shown a number of photographs. |
| He said the one of Mitchell, now 19, clearly stood out. | He said the one of Mitchell, now 19, clearly stood out. |
| Mitchell, who was ordered to serve at least 20 years before being considered for parole, is appealing against his conviction and 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. | 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. |
| The lawyer said that if this had happened a solicitor could have objected to the "stand-ins". | The lawyer said that if this had happened a solicitor could have objected to the "stand-ins". |
| 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 | 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 |
| "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. | "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. |
| Mr Findlay singled out Det Supt Craig Dobbie, who led the murder investigation. | Mr Findlay singled out Det Supt Craig Dobbie, who led the murder investigation. |
| Mr Dobbie told Mitchell's trial that he had not known of ID parades for persons who were only suspects. | Mr Dobbie told Mitchell's trial that he had not known of ID parades for persons who were only suspects. |
| "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. | "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. |
| He suggested that the police were "in haste" to get the witness, Andrina Bryson, to identify Mitchell. | He suggested that the police were "in haste" to get the witness, Andrina Bryson, to identify Mitchell. |
| "That explains the combination of high-handed and cack-handed approach by police in this matter," he said. | "That explains the combination of high-handed and cack-handed approach by police in this matter," he said. |
| 'Stark reality' | 'Stark reality' |
| 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. | 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. |
| 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. | 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 body of Jodi Jones was found on a footpath near her home | 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 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. | 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. | 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. | Prosecutors claimed he had led the others to the body because he knew where it was. |
| He questioned why Mitchell should want to lead others to the body if he were the killer. | |
| Restricted reporting | Restricted reporting |
| The appeal court earlier heard how Mitchell was the subject of "an intensity" of press coverage before his trial. | 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 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. | 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. | 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. |
| The appeal before Scotland's top judge, Lord Hamilton - sitting with Lords Osborne and Kingarth - continues. | 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. | They are expected to issue a decision in writing at a later date. |