This of course is the key question in the Luke Mitchell case, his mum swore in court that he was indeed at home preparing supper, while his brother Shane simply couldn't remember if he saw him or not at 5.15 when he came down stairs that day.
Those who think LM is guilty believe that Corinne lied about Luke being present in the house at 5.15 in order to give him an alibi for the murder of Jodi Jones, Shane did give one police statement saying he saw Luke in the kitchen too, but later admitted that he was prompted to say this by his mother.
The truth is, Shane had no idea whether or not Luke was in the house at 5.15 and this was proven in court, he simply couldn't remember and made this clear over and over and over again!
He made it clear in all his statements from the start that he couldn't remember much about the events of the day of the murder.
So basically that is the facts of the matter as played out at trial, Corinne said Luke was at home at 5.15 and Shane made it clear that he did not know or couldn't remember. It is also worth remembering that Shane did not have a good memory due to previous drug misuse, and again this was pointed out at trial.
So, was Corinne telling the truth or not, and is there any way of proving that?
Well if we use a bit of common sense I think the evidence does indeed point to Luke Mitchell being at home at 5.15.
So lets just set the stage, Corinne arrives home from work around 5.15 and Shane comes down stairs soon after to get his supper, and indeed Shane did indeed remember having his supper that day! Now Shane in all honesty couldn't remember what he actually had for supper nor where he sat down to eat it, only that he had supper as usual, as it were!
So the obvious question has to be, who made the supper that night if not Luke?
I mean if Luke is guilty then Shane must have come down stairs looking for his supper only to be met with Corinne telling him that no supper was to be seen and neither was Luke! Is that a fair assumption?
Now you could say, well Corinne tried to hide the fact that Luke wasn't there from Shane and heat something up for him herself, but remember, the crime hadn't occurred at that time and Corinne couldn't have known it was about to happen, so there wasn't anything to cover up at that stage as it were, was there?
So, at 5.15 on the day of the murder both Shane and Corinne were blissfully unaware that the murder was about to take place, right? Therefore, if Luke Mitchell was indeed absent from the house at 5.15 and had made no supper, then it follows that a discussion pertaining to this between Shane and Corinne 'MUST' have taken place surely? And this discussion would surely have stuck in Shane's mind, because this 'was' something out of the ordinary. Of course Shane wouldn't recall what he had for supper, what time, or where he ate it, but as a working man he sure as hell would remember 'not having any supper at all' or had to wait for his mum to cook something up for him once she got home that day!
And wouldn't the unusual absence of Luke have caused Corinne some concern, with the obvious thing to do, phone Jodi's house to enquire if Luke was there? Yet none of this happened of course!
No, common sense tells us that if LM was missing from the house at 5.15 and no supper was ready, that this would have caused quite a conversation between Shane and mum! Had to, had to!!
And the conversation would have continued until Shane left at 6.20, with Corinne stating from time to time, 'where on earth has that son of mine got to?'.
But seeing that Shane had apparently no recollection of any such discussion about Luke's absence or the lack of any supper that day, then surely it is reasonable to assume that no such conversation took place and therefore we must come to the conclusion that LM was indeed at home at 5.15 on the day of the murder and had the supper ready as usual, right?
Its as simple as that, if LM was not in the house when Shane came down stairs then Corinne herself would have pointed this out with some concern surely? And as we have already established, the murder had not even occurred at this stage so Corinne did not know that an alibi was needed for LM and had no possible reason to hide anything from Shane or try and deceive him in any way, yes?
Yes, I believe that Corinne did indeed tell the truth, and we have to remember that this is backed up by passing the polygraph!
Of course poor Shane tried to tell the truth as best he could too, but simply couldn't remember much which muddied the waters and convinced many that Luke wasn't at home at 5.15 and therefore Corinne was lying!
However, I believe due to the fact that no conversation took place re-Luke between Shane and mum that common sense has to point to LM being at home at 5.15 when the murder occurred!