"Last chance" gone to clear convicted murderer Luke Mitchell's name, say supporters as DNA samples are destroyed

Supporters of Luke Mitchell - convicted of murdering 14 year old Jodi Jones in Dalkeith, 21 years ago - say it would be “devastating” if Police Scotland have destroyed evidence they want tested.

Campaigners have long argued for the release of supposedly untested forensic samples from the original crime scene which they believe could clear his name.

Mitchell has served 20 years of a life sentence as of last week - and calls by his supporters, to release evidence for testing may have finally run aground

That’s after Police Scotland told us that productions relating to the case have been destroyed. A spokesperson said: “For resolved cases such as this, unless otherwise instructed by the Court or COPFS, productions should be disposed of at the conclusion of criminal proceedings following receipt of a production release note and following consultation with the Senior Investigating Officer.”

“An appropriate process was followed in this case and following discussion between Police Scotland and COPFS during 2021, a disposal agreement was reached in respect of productions in this case which were in line with established guidance.

“Police Scotland thereafter progressed the disposal/destruction of productions.”

"In terms of definitely clearing Luke’s name, that is probably the last chance gone"

Criminologist, Doctor Sandra Lean - who’s been involved in a campaign to release Luke Mitchell for over two decades - says it goes against assurances they’d been given that remaining samples would be preserved.

"We were given undertakings ... that nothing more would be done with them. It would be stunning if they’ve been destroyed, because in the first round of destruction approximately half of what they destroyed, they said that they destroyed in error, that they had no permission to destroy. These they promised us they’d preserve. If they’ve gone, are they going to claim that was an error as well?"

"In terms of definitely clearing Luke’s name, that is probably the last chance gone. How do we prove that someone else was responsible, by identifying someone with forensic evidence, if that has all been destroyed? How do we do that?"

"It would be devastating if it's gone, absolutely devastating. They can overturn Luke’s conviction on points of law, but forever more people would say his conviction was overturned on a technicality, that’s the difference between having the samples and not."

"I am not yet convinced that the remaining samples have been destroyed, that is now with the legal team for confirmation, and I think there's very little we can do until we have absolute confirmation from Police Scotland that they have not broken their undertaking to preserve the samples."

When asked for clarification that the destruction applied to all remaining evidence, a spokesperson for Police Scotland said “We have nothing further to add to our statement”.

Luke Mitchell was convicted in 2005, of brutally attacking and murdering 14 year old Jodi Jones just outside of Dalkeith. He was sentenced to life imprisonment, with a minimum of 20 years before he could be considered for parole.

The victim’s family has spoken out in the past - most recently to the Daily Record - describing claims by Mitchell’s supporters as “dangerously deluded”, and that “the family has always been of the view the police have the correct person for Jodi's murder.”