A KNIFE pouch bearing a satanic symbol and the initials of murdered schoolgirl Jodi Jones was found in boyfriend Luke Mitchell's home, appeal judges heard today.
The number "666" and "JJ 1989 – 2003" were followed by a quotation from Kurt Cobain, leader of Jodi's favourite rock band, Nirvana: "The finest day I ever had was when tomorrow never came."
Recalling the evidence from Mitchell's trial in 2004, de
fence QC Donald Findlay told the Court of Criminal Appeal in Edinburgh he accepted the "666" came from the Bible and was the sign on The Beast or Antichrist.
But, claimed the lawyer, the Crown's claim that the evidence which began with the discovery of the empty pouch made Mitchell a murderer "should be rejected out of hand".
Three years after he was ordered to serve at least 20 years of a life sentence, Mitchell, 19, has returned to the same courtroom to try to overturn his murder conviction.
On the third day of the appeal today Mr Findlay repeated his claims that there was not enough evidence to find Mitchell guilty, beyond reasonable doubt.
He described how Mitchell's mum, Corinne, had bought a knife and pouch for her son – by mail order – in December 2003.
The Crown had claimed it was to replace the weapon used in the frenzied attack on Jodi. They also blamed Mrs Mitchell for buying a knife for her son when his girlfriend had been killed by a blade and added that in any event it was irresponsible.
But, questioned Mr Findlay: "Why on earth would anyone wait all those months to replace the weapon? Why would anyone purchase by mail order and leave a paper trail?
"Why would he then proceed to hide the replacement knife?"
Nothing in this chapter of evidence, despite the claims made by the Crown, pointed to Mitchell being a murderer, said the lawyer.
The naked and mutilated body of Jodi was found in woods beside Roan's Dyke path, Dalkeith, on the night of June 30 2003.
The 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.
Much of Mitchell's appeal aims to reverse legal rulings made by trial judge 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.
Their list of objections includes a question-and-answer session during which police are alleged to have bullied schoolboy Mitchell, 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 interest and 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 599 words and appears in Edinburgh Evening News newspaper.
