CAMPAIGNERS backing Luke Mitchell’s bid to overturn his murder conviction are set to submit a new dossier of evidence for review.
Mitchell, who is serving his sentence at Shotts Prison in Lanarkshire, has never admitted his guilt and his legal team, headed by campaigner Sandra Lean, are expected to lodge an application with the Scottish Criminal Cases Review Commission (SCCRC) this week.
The 23-year old was jailed for 20 years in 2005 for the killing of Jodi Jones, whose dead body was found near a path in Easthouses, Midlothian, when they were aged 14.
It is understood that the application will be based on recent lie detector tests passed by both Mitchell and his mother, Corinne – even though polygraph tests are not admissable in British courts.
The test, which asked Mitchell – now 23 – if he had been present when Jodi was killed and whether he stabbed Jodi, concluded that he was telling the truth when he answered no to both questions.
If the SCCRC refers the case back to the Court of Appeal, it is believed that Mitchell’s team will seek permission for UK polygraph expert Terry Mullins to give evidence. Mullins, a full member of the British and American Polygraph Associations, carried out the test paid for by his defence team. He said: “I’m certain of the test result. It’s absolute.”
The application is also expected to highlight elements of the police investigation which Mitchell’s family and friends believe highlight how Lothian and Borders Polcie targeted him from the outset, allowing other potential suspects to disappear.
Mitchell also claims his human rights were breached and that he was subjected to “degrading treatment” as police questioned him, had no access to a solicitor and was “bullied, hectored and intimidated” by officers.
The submission will also claim that police bleached the scene before sniffer dogs were brought in and that, during interrogation, officers attempted to convince Mitchell that DNA similar to his was found at the scene, despite knowing it was not his.
Campaigner Sandra Lean said: “We hoped we would have made our application a couple of weeks ago but there has been a delay with paperwork. I’m waiting on a courier knocking on my door with the documents in question and when we receive them, we can go.”
In May the Evening News reported how Mitchell has admitted he still thinks about victim Jodi Jones “every day” as he broke his silence for the first time since his murder conviction.
In the letter, Mitchell said of Jodi: “I miss her all the time. Jodi was amazing. I didn’t realise how much I loved Jodi until she was taken from me.”
Speaking of the trial, which he described as a “farce”, Mitchell said: “Lies were told. If I could give one message to those who doubted my innocence, it would be this – take a look at the real evidence in the case.
“The truth is, Jodi’s killer is still out there, free, and an innocent 15-year-old was put in their place.”
Mitchell is hoping to benefit from the so-called “Cadder ruling” by the UK Supreme Court which outlaws the use of evidence obtained by police interviewing a suspect without a lawyer.