Revealed: DNA evidence from body of murdered Jodi Jones was not tested
Vital swabs taken from schoolgirl never forensically analysed
DNA samples recovered from the body of murdered schoolgirl Jodi Jones were never tested by police, The Scottish Mail on Sunday can reveal.
In a sensational twist to one of the country’s most notorious murder cases, lawyers for Luke Mitchell believe the results could prove he is the victim of a miscarriage of justice.
At least ten samples of bodily fluids were swabbed from different parts of Jodi’s naked and mutilated body, but forensic tests were never carried out to determine if Mitchell – or some other person – was a DNA match.
Campaigners for Mitchell claim the disclosure highlights the possibility someone else was responsible for the crime – and casts into doubt his conviction for murder.
The 34-year-old, who has always maintained his innocence, has spent 19 years in jail after being found guilty of killing his 14-year-old girlfriend, whose body was found in woodland near Dalkeith, Midlothian, in June 2003.
As the 20th anniversary of her death approaches, Mitchell’s lawyers have persuaded prosecutors to hand over a list of hundreds of pieces of evidence collected during the investigation into Jodi’s death which were recovered from her body but were never fully analysed nor made available to Mitchell’s defence team during his court case.
After a long battle with the Crown Office, a list of all productions, including those which have been destroyed, has been made available to the legal team fighting to clear Mitchell’s name. Included on the list of stored forensic items, at least ten samples found on Jodi’s body – including her face, hands, breasts and back – were confirmed as having the presence of bodily fluids.
Criminologist Dr Sandra Lean, who has analysed the documents, will now demand the samples be handed over to be tested.
She 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 the country. She had been stripped, tied up and stabbed to death and her mutilated body dumped near her home. Her throat had been slit. She had suffered lacerating wounds to her face, ear, mouth, breast and abdomen, as well as being hit in the head. The teenager had also suffered compression to her neck.
Suspicion fell on Mitchell, who was tried and convicted and jailed for a minimum of 20 years. An investigating officer and the judge at his trial described it as the worst murder they had seen.
Mitchell was convicted solely on circumstantial evidence. One witness said she saw a male and a female near to where Jodi’s body was discovered about 4.50pm on the day of her murder. The witness picked out a photo of Mitchell but could not identify him at court.
Other evidence included that Mitchell found the body and led relatives to the area where the teenager was murdered, although he explained his dog alerted him by jumping up against the wall behind which Jodi was found.
The jury heard evidence that Mitchell had bought a knife online, which was never found, and was a heavy user of cannabis.
However, the newly disclosed documents prove there were several DNA samples gathered in the aftermath of the gruesome murder but not disclosed to Mitchell’s lawyers ahead of his trial.
Scott Forbes, a lawyer working for Mitchell, said he was approached some months ago and told the police had destroyed evidence relating to the case. He 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.’
In November it was reported that unexamined evidence was illicitly destroyed by police before Mitchell’s lawyers could have it examined. The Crown then instructed the police to stop destroying what evidence was left – and it is the catalogue of this undestroyed evidence that has yielded proof of the untested bodily fluid samples.
Jodi’s murder featured in the documentary Murder in a Small Town that cast doubt on the conviction of Mitchell. Mr Forbes said: ‘Weeks after this 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 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.’
‘Samples that could have identified real murderer’