Mitchell 'led searchers to Jodi'

Mitchell has always denied killing Jodi

Convicted killer Luke Mitchell's knowledge of where to find the body of Jodi Jones proved he had murdered her, appeal judges have been told.

Advocate depute John Beckett said the account of how Mitchell led members of the schoolgirl's family to the scene had been "a cornerstone" of the case.

He also claimed Mitchell later lied six times when questioned by police about how he had helped find the body.

Mitchell, 19, was jailed for life in 2004 for murdering 14-year-old Jodi.

Mitchell's lawyers claim the evidence was not strong enough to find him guilty beyond reasonable doubt.

Repeated claims

They also say Mitchell did not get a fair trial because of evidence which the jury was allowed to hear, despite protests by his defence.

Mr Beckett, who is leading the team of Crown lawyers, spent a second day at the Court of Criminal Appeal in Edinburgh trying to convince the judges that the jury's guilty verdict was correct.

Mr Beckett said Mitchell had made repeated claims that he had walked past a V-shaped gap in the wall, then returned because his dog, Mia, had started sniffing the air and scratching near to where Jodi lay on the other side of the wall.

But, said Mr Beckett, Mitchell's story was contradicted by others including Jodi's grandmother Alice Walker and sister Janine.

The advocate depute recalled: "They say he went straight to the V without passing at all."

If Mitchell knew the body was there ... in the dark, in my submission it could reasonably be inferred he is the murderer John Beckett Advocate depute

Mr Beckett continued: "If the jury preferred the evidence of Alive Walker, Janine Jones and Steven Kelly on this point to what Mitchell said to the police then there is no innocent explanation for his being able to locate the body."

The court has heard that it was dark at the time, while a large tree stump made it hard to walk down the inside of the wall and Jodi's body was out of sight behind another tree.

Defence QC Donald Findlay has claimed during the appeal that Mitchell was looking in an obvious place and aiding the search.

But Mr Beckett dismissed this alternative explanation that Mitchell was "the only one with the wit to shine his torch into the woods."

Mr Beckett told the appeal judges that Mitchell's story, photographs, what Alice Walker said and what a civilian police photographer said all made it impossible to see Jodi from the wall.

Lack of emotion

He continued: "You could not see the body by standing on the wall and shining a torch up and down.

"If Mitchell knew the body was there ... in the dark, in my submission it could reasonably be inferred he is the murderer.

"He found the body in very surprising circumstances in the absence of an innocent explanation."

He also suggested that Mitchell's lack of emotion when the body was discovered may have been because it was not so shocking for him as he had seen the injuries to her face and neck before, when he inflicted them.

Mitchell is trying to overturn his conviction for the murder of his girlfriend Jodi in June 2003 when they were both 14-year-old pupils at St David's High School in Dalkeith, Midlothian.

Her naked and mutilated body was found in woods beside Roan's Dyke path, Dalkeith, on the night of 30 June 2003.

Trial judge Lord Nimmo Smith ordered Mitchell to serve at least 20 years before applying for parole.

The hearing before Scotland's top judge, Lord Hamilton - sitting with Lords Osborne and Kingarth - continues.