DETECTIVES who quizzed schoolboy Luke Mitchell about the frenzied knife attack on his girlfriend Jodi Jones were branded "bullies" today.
Defence QC Donald Findlay told appeal judges that the three officers from Dalkeith, Midlothian, asked questions in a way which would not be allowed in any court.
They accused Mitchell of being "a hash head" who sold cannabis to school pals and cla
imed he was "obsessed" with knives.
The evidence produced by the interview in August 2003 – when Mitchell was only 15 years old – should not have been heard by the jury at his trial, claimed the lawyer.
On the fourth day of his attempt to overturn the murder conviction which resulted in a life sentence for Mitchell and an order that he should serve at least 20 years, Mr Findlay attacked trial judge Lord Nimmo Smith.
The trial judge was wrong to over-rule protests by Mitchell's defence team about the interview, said Mr Findlay.
The Court of Criminal Appeal in Edinburgh heard how detectives – just weeks after Jodi, 14, died from a slashed throat and other injuries – insisted that Mitchell had a Bowie knife.
"I don't even know what a Bowie knife f****** looks like," retorted Mitchell.
"Not entirely a wilting violet in giving a reply like that," commented Lord Osborne, one of the judges hearing the appeal.
"I am not shying away from that, but that doesn't mean that it is fair," Mr Findlay told the judge. "The police tactic was working. They were trying to bully him and goad him into losing control."
The appeal judges also heard how Mitchell admitted smoking an average of two joints a day.
"That is an out and out lie. You are an out and out hash and cannabis addict," the interviewing detectives told the youngster.
"We have numerous people saying you are an out and out hash head."
Mitchell was also questioned during the interview about his sex life with Jodi.
The detectives also accused Mitchell of being "the coolest person there" when the naked and mutilated body of Jodi was found in woods beside Roan's Dyke path, Dalkeith, on the night of June 30, 2003.
Mr Findlay said that was "a downright lie" and the court heard extracts from a three-way conversation between Mitchell, a 999 operator and the local police station after Mitchell called the emergency services on his mobile phone.
The transcript described Mitchell as "highly excited" and "in a panic".
The Roan's Dyke path connects Jodi's home in the Easthouses part of the town with Mitchell's home in the Newbattle district. Both were 14-year-old pupils at St David's High School, Dalkeith, at the time of the murder.
Much of Mitchell's appeal aims to reverse legal rulings made by Lord Nimmo Smith. In particular, say his lawyers, the judge should not have allowed the jury to consider the case because there was insufficient evidence to find Mitchell guilty beyond reasonable doubt.
Defence lawyers also say Mitchell did not get a fair trial because of evidence which the jury were allowed to hear, despite protests by Mr Findlay.
As well as the allegation of police bullying, their list of objections also includes evidence of bottles of urine found in his bedroom, a biased selection of photos shown to a key witness and an insistence that the trial should go ahead at the High Court in Edinburgh – in spite of local feelings running high, fuelled by hostile media publicity.
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 result was that the jury were biased against him, they say.
The hearing before Scotland's top judge, Lord Hamilton – sitting with Lords Osborne and Kingarth – is set to continue for another week.
After that they are expected to issue a decision in writing at a later date which could free Mitchell, send him back to jail, or order a re-trial.
The full article contains 667 words and appears in Edinburgh Evening News newspaper.
