DNA challenge to conviction of Jodi Jones killer

LAWYERS acting for teenage killer Luke Mitchell plan to use new DNA evidence in a bid to overturn his conviction for the murder of Jodi Jones, according to a report today.

It is understood mystery DNA was found on Jodi's body which belongs neither to Mitchell nor his victim.

The tiny sample has also never been matched to anyone Jodi was in contact with on the day she was killed. Mitchell's defence team is said to be using it as part of their appeal against his conviction.

Jodi was 14 when she was murdered in June 2003 in woods at Roan's Dyke path - a shortcut between her home in Easthouses, Dalkeith, and Mitchell's house in Newbattle. Her throat was slit and her body was mutilated.

Mitchell "found" her body after volunteering to help in the search for her. He was sentenced to a minimum of 20 years behind bars after a jury returned a guilty verdict. His lawyers have lodged an appeal but no date has yet been fixed for a hearing.

His defence team will argue the DNA is part of evidence that shows the conviction against him was wrong. The team, being led by Donald Findlay, QC, claim the trial was prejudiced due to mass media coverage.

They also believe the trial should not have been heard in Edinburgh, as it was too close to Dalkeith, where the murder took place. But the exact grounds on which the team will be allowed to appeal are not yet clear.

They made a submission earlier this month for the case to be heard on 14 grounds of appeal.

However, half of them were rejected by one judge, under "sifting" which only allows grounds deemed arguable to go forward to a full hearing.

Mitchell's lawyers are said to be challenging that decision, in what is the first case of its kind in a criminal trial. Grounds that were allowed included the claim that there was insufficient evidence to entitle the jury to convict him because there was no eye-witness and a "total absence of forensic evidence".

At that hearing Mr Findlay said: "Everything that could have been done was not done to ensure a fair trial." During Mitchell's trial, the jury heard that he was a regular user of cannabis who had an interest in satanism and was a fan of rock star Marilyn Manson.

Trial judge Lord Nimmo Smith later said he believed this could have influenced Mitchell in the murder.

He was convicted on a majority verdict of murdering Jodi and was sentended to detention without limit of time. He was told he would have to serve 20 years before he could apply for parole.

Mitchell's lawyer, Nigel Beaumont, said: "There are a substantial number of grounds of appeal - amongst other things DNA evidence, which was part of the original trial."

He added he hope all the grounds for appeal would be put before the appeal court.

The murder of Jodi Jones shocked the country and devastated the Midlothian community in which she lived.

Teachers at St David's RC High School decided to erect a memorial garden to the teenager and other youngsters who have died while still at the school.

Many of those who sat alongside Jodi in lessons had a hand in designing the memorial to their murdered schoolfriend.

Mitchell's trial lasted 42 days - the longest single-accused murder trial in Scottish legal history. But it took the jury just six hours to find Mitchell guilty of killing his girlfiend.

Mitchell, who is now 17, began the appeal process more than a year ago and he won the right to appeal in March.

He is already Scotland's most expensive criminal and has cost taxpayers nearly £500,000 in legal aid fees.

The appeal means those costs will rise again.