Lawyers representing the Midlothian man convicted of murdering his girlfriend have claimed that DNA samples were ‘never tested’.
Samples of bodily fluids were taken from Jodi Jones’ body after she was killed in 2003, though it’s claimed that forensic tests were never carried out. Luke Mitchell, then 14, is serving a life sentence though continues to plead his innocence, reports the Scottish Mail on Sunday.
Now 34, Luke’s legal team believe the latest revelation could prove he is the victim of a miscarriage of justice. As they fight to clear his name, a list of evidence has been handed over.
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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."
Police and the Crown Office insist there has not been a miscarriage of justice. Detective Chief Superintendent 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."
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