Author Topic: Could Mitchell be released on a techicality?  (Read 1613 times)

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Could Mitchell be released on a techicality?
« on: March 04, 2012, 04:01:48 AM »

There is much talk about that Luke Mitchell could have his conviction quashed for killing his 14 year-old girlfriend on what amounts to a technicality.  The recent Cadder case which went before the UK Supreme Court in London laid down the principles in relation to an interview by police. The Court ruled that the interview of suspects whilst in police custody in Scotland without a lawyer present was contrary to their human rights.

When Mitchell was arrested and interviewed in 2003 he did not have a solicitor present, he was also a child at the time.

It is uncertain if the Mitchell case will ever come before the Supreme Court but if it does and their Lordships rule in his favour it will create a problem for the Appeal Court in Edinburgh.  It is known that their Lordships in Edinburgh are reluctant to quash any conviction where they believe that the convicted individual is guilty.

The case against Mitchell was based on wholly circumstantial evidence but he has been unable to provide an alibi for the period of time when the murder took place. His brother, Shame Mitchell, failed to corroborate his alibi when pushed to do so in the witness box.  The family have failed to provide any witnesses who saw Luke Mitchell arrive home from school on the afternoon of the murder.  He was also seen by two females in a passing car some 100 metres from the murder scene just minutes after it had taken place.

All in all, a conviction quashed on a technicality will do little if anything to clear Mitchell's name.