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Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

THE prosecutor at the Jodi Jones murder trial made a deliberate attempt to blacken the character of her boyfriend, Luke Mitchell, it was claimed yesterday.

How often have we on these forums heard these words?

It is all right for the prosecution to blacken our characters and call us liars, all too often allowed without any objections from our defence teams.

It is different though when the shoe is on the other feet and we try to get our defence teams to call the police liars and blacken their characters only to be told------ wait a minute you can't do that, Why we ask? because it will allow the Crown to reveal your previous police involvement

All too often in Miscarriages it is turning out that there was exculpatory evidence for some reason or another defence teams are not calling.

If for any reason your defence does not call crucial evidence basically you are up the creek without the paddle, You will be told that this was a defence tactic.

This is despite the fact that in most of these cases the defence teams have never bothered to tell the accused of the evidence in the first place.

I have never been comfortable with the conviction in this case and i am even more convinced now than before because of the evidence not heard at this trial like for instance the used durex found near the body.
Like the evidence of the other person with the marks on his face.

Yesterdays attempt by the judge to discredit Donald findlay by saying he would expect someone in Edinburgh to be tried in Edinburgh and likewise in Glasgow.
Then explain please why the trials of the likes of Birdman, Tam McGraw and the rest that have all been tried outwith their domain.

My interpretation is quite simple.

Mitchell was denied the fair hearing not only because he was tried in Edinburgh but because of all the adverse publicity and undue attention by the press, They even had photos of him which should never be allowed in cases where identification is an issue.
There is no better way to implant into a witnesses mind than to show photos beforehand, which the police are not allowed to do.

Good Luck Luke

http://thescotsman.scotsman.com/s...odi-trial--prosecutor-.3757962.jp

The showing of Photos is covered quite well by Donald Findlay here:

http://thescotsman.scotsman.com/s...re-in-indecent-haste39.3752355.jp

Adverse press coverage here:

http://www.theherald.co.uk/search..._trial_in_edinburgh_was_wrong.php

Has his appeal started prematurely:

http://www.theherald.co.uk/search...al_problematic_for_legal_team.php

kevin donald · Joined: 29 Oct 2007 Posts: 54

Is this another fraser?

http://news.scotsman.com/scotland...hell-appeal-verdict-to.4077619.jp

is magrahi next for the chop?

Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

I see it is to be filmed the same as Nat Fraser's:

http://news.scotsman.com/scotland/Cameras-to-be-in-court.4079592.jp

And probably destined for the same result.

My views on Mitchell are clear:

There is a severe lack of hard evidence to allow this conviction to stand but there is too much public outcry for justice and failure to uphold this conviction will, i feel lead to unrest in the public sector. Appeal Refused.

Not on the evidence but because the public demand someone's head for this vile crime, That's Justice, Scotland Style.

Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

Luke Mitchell Evidence

http://news.scotsman.com/topstori...f-collapse-in-Mitchell.3712865.jp

Two things strike me as odd in the following article:

1. There was no DNA evidence to link either of the two new "suspects" with the crime scene,

So What's odd about that then ?

2. Another man is said to have left a used condom only 50 yards from where Jodi's body was found – and later lied to the police.

Totally contradictory of the first statement of not being any DNA.

Can DNA not be extracted from a used Condom ?

This begs the question :

Did the police follow up on this used condom or did they just ignore it to fit up Mitchell ?

The following comment, Taken from the Colin Stagg case rings in my ears

" With the Rottweilers of the press howling for the blood of sickos and pervs, it is useful to be reminded of the perils of media justice."

The Stagg article can be found here:

http://findarticles.com/p/article...158/is_20060624/ai_n16507067/pg_1

kevin donald · Joined: 29 Oct 2007 Posts: 54

From the Daily Record.

http://www.dailyrecord.co.uk/news...ts-jail-goth-gang-86908-20416090/

it always seems the story is easier to get from sources at appeal time eh!

HOPE THE FORMER INMATE ENJOYS HIS FEW BOB HE GOT FOR INFO.

Also
"He still wears strange clothes. People laugh at his trainers because they have bright pink laces. Everyone in the jail wears standard jail jeans but he wears his ripped.

"Sometimes he even uses pens from education classes to draw black eye make-up on his face."

oh God all them goths at my daughters School could be killers!

I dont know if Mitchell killed the little girl but he deserves a fair trial, which people think he did not get.

http://www.bbc.co.uk/scotland/player/?item=4451310

http://www.talk107.co.uk/player.p...tations/talk107/Mitchellforla.mp3

kevin donald · Joined: 29 Oct 2007 Posts: 54

Appeal verdict on luke Mitchell.

http://www.scotcourts.gov.uk/opinions/2008HCJAC28.html

http://news.bbc.co.uk/1/hi/scotland/edinburgh_and_east/7403582.stm

http://edinburghnews.scotsman.com...-murder-appeal.4091441.jp#2812900

comments allowed.

Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

For my money

The following heavily taints the Crown evidence against Mitchell:

The identification
Andrina Bryson thought little of it when she noticed a boy and a girl at Roan's Dyke Path in Dalkeith one summer's afternoon in 2003.

But a few months later she saw a photograph of Luke Mitchell in a newspaper article about the murder of Jodi Jones and realised that he looked just like the youth she had seen in the woodlands, on the same day the schoolgirl was murdered.

The very same happened in the Megrahi Trial with the witness Gauci who it has turned out is the main issue the SCCRC seek to refer his case to appeal.

Apparently SCCRC are in possession of an experts report which destroys Gauci's evidence as he was shown a photo days before in a newspaper.

Different Laws For Megrahi eh ?

Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

The Mother:

The mother
The next twist centred on the events of October 7, 2003 when Mitchell's mother Corrine took her under-age son to get a tattoo using false ID.

The prosecution was said to have failed to inform the defence team of details of the visit as early as it should have done, prompting defence counsel to lodge a further appeal about the delay and the attempt to smear Mrs Mitchell's character.

Judges yesterday conceded it was in the crown's interests to discredit Mrs Mitchell, by alluding to wrongdoing, when she was known to be likely to give evidence supporting her son's alibi, which she later did.

Although the appeal judges disagreed with the trial judge that the evidence could not possibly infer "bad character", they nonetheless concluded again that there was no miscarriage of justice.

In My view: The jury were not only made aware of the mother having lied to get her son a tatoo they were also made aware that Luke may also have lied therefore he did not get a fair hearing.

The Defence should have been made aware of the tatooists evidence as clearly Crown had this before the trial started and new fine well they would deploy it in evidence to discredit the Mitchell's, What a sorry state of affairs when they deploy this tactic to trip up normally honest people.

She did not tell a lie to cover up a murder so her evidence ragarding the tatoo was inadmissible, and only designed to show:
Heah We can trip her up and catch her telling a lie, then the jury will think everything she has said is also capable of being lies, SAD SAD SAD Days within our judiciary allowing this to proceed.

Are there anymore parents out there that have allowed their children to get tatoo's before they reach 18, I see plenty in Glasgow walking about with tatoos who don't look 14, but that doesn't make them murderers or even potential murderers, So why allow this evidence to taint a trial for murder.

Anonymously it would be great to find statistics on under 18s with tatoo's maybe some newspapers will take this issue up and also ask how many have went on to murder their girlfriends ?

Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

Car Dealer Cleared Of Rape

Having read the Luke Mitchell and Nat Fraser appeals i am shocked to find that this man gets off scot free because a jury where deprived of knowing the victim had previous convictions for prostitution:

http://www.dailyrecord.co.uk/news...raping-prostitute-86908-20419048/

How can our courts say Fraser was not deprived of the same right by not hearing the evidence of two Police that saw the rings in the house earlier than was suggested, Remember Lord Turnbull has said he would have fainted had he saw their evidence before the trial yet Fraser wasn't deprived of the same fair hearing as McIntear, Absolutely Shocking and not consistent nor compatible with section 6. (1) of right to fair hearing.

If it works for one it should work for others.

The same goes for Mitchell

The jury where deprived of the evidence incriminating others and the evidence of a used condom found in the lane.

It also sounds a bit like the Colin Stagg case years ago when the police tried to set him up with the honey trap.
They tried the same with Mitchell calling it "Family Liasion"

Our whole justice system is in Disarray with no consistency whatever.

The McIntear case cannot be found on High Court website yet, Wonder why ?

Big Wullie · Joined: 25 Apr 2007 Posts: 456 Location: Glasgow

At Last a story not jumping on the bandwagon and lynching Mitchell:

http://scotlandonsunday.scotsman....ler-plans-fresh-appeal.4095365.jp

My second comment on this thread has come true and i also predicted he would need to go to SCCRC.
Scottish Criminal Cases Review (Cover-up Merchants) Commission who will then take about three years to investigate, refer it back to appeal then wait some more years.

Quite clearly there is sufficient evidence to name another suspect and evidence of used condoms found at the scene add credence to the arguement that it was another.

But the evidence of scratches on his face leave me with the unanswered question:

Was any DNA found under her nails ?????????????

Was this even thought of and checked.

And why was the jury deprived of the evidence of his essay of killing a girl in the woods not presented at appeal.

Clearly the police knew of this evidence:
Yet many months after the trial and conviction, they receive a witness statement from someone who had told the police at the time of a potential suspect.

Blinkered view: Disclosure Issue present in most Miscarriages Of Justice:

"Not only did the Crown not pass that information to the defence, as they should have done under disclosure rules, they did not consider the alternative suspect seriously because their mind was made up."

Kane always in woods:

It was alleged by a friend of Kane's that he often took alcohol and cannabis into the woods, close to where Jodi was murdered, to avoid detection by course supervisors.

The same Devotion to Manson:

Like Mitchell, he was a devotee of the rock band Nirvana and the singer Marilyn Manson, whose pictures of the infamous Black Dahlia murder victim Elizabeth Short were believed to have influenced the killer when mutilating Jodi's body.

Kane also had a fascination with websites that displayed graphic images of violence and would show his favourite scenes, such as people being impaled on spikes, to his fellow-students.

He was suspected by college authorities of being responsible for defacing doors and walls with a heavy knife or chisel with the words 'kill' and 'die' and the Nazi swastika. Three weeks before Jodi's murder, he penned an essay entitled 'Killing a female in the woods'.

Scratches on face after murder:

On the day after the murder, he had scratches to his face and arms, particularly under the eye, and claimed he could not remember how he got them, but when pressed later gave at least three different accounts.

Right On Doorstep:

The source said: "Here was someone who had an interest in graphic violence against women. He wasn't in Inverness or Aberdeen. He was right on the doorstep at the time of the murder.

The chief witness Andrina Bryson described someone more Kanes Age than Mitchells, She described someone in their ealy twenties if i am right.
So if any weight is to be attached to her evidence then it points more to Kane than Mitchell

It would seem there was enough circumstantial and in my view more realistic evidence to put a case against Kane than Mitchell