DNA samples from Jodi Jones ‘never tested’ amid calls for Mitchell …
It is one of Scotland’s most infamous murders[1] and it has taken another twist after it emerged DNA samples recovered from slain schoolgirl Jodi Jones were never tested by police. Fourteen-year-old Jodi was killed in woodland in Dalkeith, Midlothian[2] in 2003.
Her then-14-year-old boyfriend Luke Mitchell is serving a life sentence in prison having been ordered to spend at least 20 years behind bars. He has continued to plead his innocence but several appeals to overturn his conviction have been rejected. He will be due for parole in 2025.
Lawyers acting for Mitchell claim this latest twist could prove he is the victim of a miscarriage of justice, according to reports in the Scottish Mail on Sunday[3]. The paper claims at least 10 samples of bodily fluids swabbed from different parts of Jodi’s body were sent for forensic tests that were never carried out.
Campaigners for Mitchell, 34, claim the tests could have determined whether he or another person was a DNA match. The Scottish Daily Express previously reported that police[5] had destroyed hundreds of items of evidence relating to the case.
Now, Mitchell’s lawyers have been handed a list of evidence recovered but never fully analysed or made available to the defence team. The list contains items that were destroyed as well as the DNA samples. It is understood the samples, recovered from various parts of Jodi’s body, were confirmed as having the presence of bodily fluids.
Luke Mitchell leaves Edinburgh High Court in 2005 (Image: PA)
Criminologist Dr Sandra Lean said: “We expect fairness from our justice system. In this case, we’ve seen everything but fairness. To discover now that there were samples which could have identified the real murderer is beyond comprehension.
“A 14-year-old girl was murdered and, rather than concentrate their efforts on finding who was responsible, they focused on her boyfriend – failing, as a result, to pursue forensic evidence that could not only have identified the real killer but exonerated Luke Mitchell.”
Jodi’s murder shocked Scotland. She had been stripped, tied up and stabbed to death and her mutilated body dumped in woods near her home. Her throat had also been slit in the brutal attack.
Mitchell was branded “truly wicked” by Judge Lord Nimmo and ordered to spend at least 20 years in prison. Suspicion fell on Mitchell as it was he who ‘discovered’ Jodi’s body.
Despite a lack of forensic evidence, a witness said they had seen two people resembling Mitchell and Jodi near the woods shortly before the murder. Mitchell’s brother also cast doubt on killer’s claims he was at home when Jodi was murdered while his knowledge of the location of the corpse and interest in other, similar murders were also used by the prosecution.
Mitchell had bought a knife online which was never found and his clothes from that day were also destroyed. The murder was featured in a Channel 5 documentary in 2021 which was subject to complaints to Ofcom for being one-sided in favour of Mitchell.
But Scott Forbes, a lawyer working for Mitchell, said: “After months of wrangling, the Crown admitted this and provided a list of what was destroyed and what was saved. The samples from Jodi’s body are on the list.
Police on the scene of Jodi Jones murder in 2003 (Image: Daily Record)
“Weeks after [the documentary] aired Police Scotland started to unlawfully destroy all evidence that could clear Luke. Aided by the Crown, the police gathered over 3,000 productions with permission to destroy all items not on the indictment and therefore hidden from defence.
“Police ‘erroneously’ destroyed 1,600 productions, including bloodstained clothing. Then to discover Jodi was covered in this [bodily fluid] which has never been tested is disgusting. Police and members of the Crown need to be held to account and Luke Mitchell should be released forthwith.”
Det Chief Supt Paul Livingstone said: “Extensive forensic analysis was carried out along with other investigative techniques and a report of the circumstances submitted to the Crown Office and Procurator Fiscal Service.” A COPFS[6] spokesman said: “During the prosecution and the appeal proceedings, the Crown complied with its disclosure obligations in full. The Appeal Court has previously concluded there has not been a miscarriage of justice.”
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References
- ^ infamous murders (www.scottishdailyexpress.co.uk)
- ^ Midlothian (www.scottishdailyexpress.co.uk)
- ^ Scottish Mail on Sunday (www.dailymail.co.uk)
- ^ Jodi Jones murder police destroyed hundreds of items of evidence from investigation (www.scottishdailyexpress.co.uk)
- ^ police (www.scottishdailyexpress.co.uk)
- ^ COPFS (www.scottishdailyexpress.co.uk)
- ^ Facebook (www.facebook.com)
- ^ Twitter (twitter.com)
- ^ here (www.scottishdailyexpress.co.uk)