Luke Mitchell Wins Legal Fight

20 years after his conviction, Midlothian murder convict Luke Mitchell won the right to challenge the decision of the Parole Board for Scotland. After being found guilty of the murder of his 14-year-old girlfriend, the then 16-year-old Mitchell was sentenced to life in prison, with a minimum of 20 years without parole.

Considering the time served during the trial, Mitchell became eligible for parole in 2024. However, the Parole Board for Scotland rejected his first bid for freedom, stating that the board could not adequately assess risk. The decision to deny him parole was also influenced by a psychiatric report that labelled him a sexual risk to women.

The Gist of Luke Mitchell’s Case

The 36-year-old is serving a life sentence for the murder of Jodi Jones. He was 16 years old when the High Court of Edinburgh found him guilty of murdering his girlfriend in 2003. Jodi’s lifeless body was found mutilated in the woods near her home in Dalkeith, Midlothian.

Jodi had failed to return home on the evening of June 30th, 2003, and Mitchell was the one who found her body and claimed his dog had led him there while out searching for her. The police described the murder as the most ruthless and gruesome in the history of Scotland, making it a high-profile case with significant media attention.

Following a 10-month police investigation, Mitchell was charged with the murder. The prosecutor relied on evidence from Mitchell’s brother, a passer-by, Jodi’s family members and evidence collected by the police during Mitchell’s interrogation. However, his legal team would later challenge the legality of the interrogation evidence during his appeals, claiming the 14-year-old was collected without the presence of a lawyer in contravention of the European Convention on Human Rights (ECHR).

The accused lodged defences of alibi and incrimination, arguing that he was at home preparing dinner when his girlfriend was murdered. His mother corroborated his alibi, but the prosecutor challenged it based on his brother’s statement, which revealed that the brother was at home watching pornography, something he wouldn’t do if there were anyone else at home.

After almost two years of trial, the High Court of Edinburgh found Mitchell guilty and sentenced him to life in prison and 20 years without parole.

Luke Mitchell’s Appeals

Mitchell, who has always maintained his innocence, made several Scottish appeals but failed to overturn his conviction. The first appeal was lodged in 2008 at the Court of Appeal in Edinburgh, but was refused.

In 2011, his legal team filed a second appeal at the Court of Criminal Appeal in Edinburgh, seeking to reduce the minimum term of his life sentence. The court rejected the argument that the 20-year minimum term ought to be reduced on the grounds that he was only 14 years old when he committed the crime. A three-judge bench heard the appeal, and the majority held that the 20-year minimum should remain, given the nature of the crime. The dissenting judge agreed that the minimum years for parole eligibility should have been reduced to 15 years.

Dissatisfied with the ruling, and in light of the Supreme Court Cadder ruling that put an end to the practice of police questioning suspects without the option of legal counsel, Mitchell’s legal team sought leave to have his appeal heard at the UK Supreme Court in London, but leave was denied since his case predated the Cadder ruling.

2022 Petition Calling for Independent Inquiry into Police Investigation of the Case

In 2022, Michael’s legal team, led by criminologist Dr Lean and former solicitor Mr. Forbes, handed in a petition signed by more than 25,000 people calling for an independent inquiry into the police investigation of Mitchell’s case, which they claim was flawed.

The team collected 120 items of evidence that they alleged were never forensically tested. The petition came after a 2021 documentary entitled “Murder in a Small Town” by Channel 5, which raised many questions about the conviction and pointed to the possibility of a miscarriage of justice.

At the time of his police interrogation, Mitchell was 14 years old and did not have access to legal representation. Considering that the evidence collected during the police interview was crucial to the Crown’s case to corroborate the circumstantial evidence, his legal team argued it was collected in a manner that contravened the ECHR anchored in the Supreme Court’s Cadder ruling and applicable children’s rights.

What Does the Recent Win Mean for Mitchell?

Following the denial of his parole application after 20 years in prison, Mitchell instructed his lawyers to lodge a judicial review of the decision of the Parole Board for Scotland not to release him on licence. His team won the right to mount a challenge against the decision at the Court of Session in Edinburgh, and a hearing was set for February 6th, 2025.

This means that the court will determine whether the decision of the parole board not to release the 36-year-old on licence was just. If the court finds there was a miscarriage of justice, he could make another bid for freedom.

After Mitchell’s parole was denied, a relative of Jodi commented: “If this man were released, I would fear for women. He is a dangerous killer and should remain inside for a long time to come.”

When asked for a statement, a spokesperson for the Parole Board for Scotland said the board does not connect on individual cases. They also noted that no appeal was filed against the decision, and that if a prisoner feels their case was not dealt with appropriately, they can apply for a judicial review.

Mitchell’s Longing for Freedom

In June 2023, Edinburgh Live reported how Mitchell enjoyed his supervised trip to Glasgow. The convicted murderer also spoke of his visit to Five Guys and another outing where he went shopping. This is what he had to say about his taste of freedom: “It was an odd experience for me just out and about with two GEOAmey escort staff trailing behind me. It was exhausting, but it went well, and I felt good about it.”

As Mitchell fights for freedom, questions about how he will be reintegrated back into society after more than two decades behind bars continue to bug many. 

Source: The Scottish Sun

References:

Edinburghlive

BBC News

For more Latest Legal Insights Follow Us at GLE News