Walsh and Fleming were not insistent the youth they saw was Mitchell, what they said in Court was that he looked very similar to Mitchell. There's a big difference between that and what you've said. You also don't mention that 2 other witnesses saw a youth in similar clothing shortly after this near a lane in Newbattle near her in-laws house which is close to LM's house. One of these people knew who Luke Mitchell was as she had seen him and Jodi around several times in recent weeks. She said the person she saw was most definitely NOT Mitchell. I've spoken to her very recently. Even now she says 100% that it wasn't Mitchell.
The person she saw was wearing a green bomber type jacket similar to what was seen by Fleming and Walsh who didn't know Mitchell, nor did they get more than a passing glimpse of his face from their car. The chances of 2 people being seen wearing a green jacket within a few minutes of each other are somewhat remote. It's almost certainly the same person, but the witness who knew what Mitchell looked like said it definitely wasn't him she saw. The person she saw was older, late teens at least and a good bit taller (LM was only 5-4 I think).
Nonsense - they were called as witnesses for the prosecution, specifically due to getting that blouson jacket and jeans correct, the same clothing seen by the boys on the pushbike, and not the same jacket as that by F&W. They could only ID the clothing and not the person, and no they did not know LM. You are mixing up the witness who did know him, who positively ID him with that same jacket on.
Now for the part you are correct on - there were not two people on that stretch of road at the same time, wearing the same clothing - spot on there! Very much why they were called as witnesses, to show the Jury that it had to have been Mitchell and that he was spotted at a point in the road he claimed not to have walked to. That Jacket shown to them by the AD and them agreeing it was the jacket the youth had been wearing. And stating to the Jury, that even though they could not ID Luke as the person, there could be no doubt that only one youth was on that stretch of road wearing that jacket and that youth had to be LM, as he had been positively ID with that clothing on by the motorist who knew him and by those boys on the pushbikes. All around the same time frame. And although Mitchell stated he had not walked that far, he still claimed to have been on that road at that exact time.
It was to show the Jury, that Mitchell lied easily, and the sighting was near to the entrance to the woods. And DF attempted to show that Mitchell was telling the truth, that he had not walked that far, leaving that ludicrous notion of there being two people dressed identically!!
So no, it was not the same jacket and F&W were not wavering on it being Mitchell. To the point, of whilst under duress of questioning by the defence, stated clearly and without doubt ! "I know what I saw, you are trying to confuse me!" And of the picture in the paper, and "look, it's him, the person we saw!"
And we know without a doubt it was not MK at that gate - so muddle away with the same ole same ole - There were not two youths identical on that stretch of road at the same time! One ID by F&W as being Mitchell, and no other looking the same as him, with another khaki green jacket on. As with the one who stated it was NOT Mitchell but wearing the exact same clothing he actually did have on, when positively ID by the others. - One youth and that youth was LM, plain and simple. ID with that German army style parka on at the gate, and around 15mins later he had changed into that green blouson jacket. And he was seen by 7 people with that blouson, Two motorists who knew him, positively ID him and the jacket he was wearing, The three cyclists, again who knew him and ID that jacket he had on. And the other two in the car, who did not know him! and gave a positive ID of that jacket and clothing and stated that it was not Mitchell. - Fluke? not on your life, It was Mitchell.
What it does show us, depending on what the focus is upon, what different people will pick up on. The ones who could not ID LM got every part of his clothing spot on! The ones who knew him, knew him. The one's who didn't and were concentrated on him, ID him and got the clothing close, but not exact! And of AB, F&W and the motorist who could not ID - all said the same thing, there was something off about him, up to no good, looking dubious, and confrontational.
So some baby steps here, it is not a long stretch of road we are talking of here. Mere seconds between the different points in a car. F&W see Mitchell at the gate, with that khaki green Parka style jacket on, seconds to drive that small stretch of road, and they do not see another youth in khaki green clothing looking like the one at the gate, And you would notice! There was only one youth and it could only be Mitchell. The motorist who did not know him, again only saw one youth in that exact jacket Mitchell was wearing, no other youth on that road. Just him, it was Mitchell.
And we know you must be talking of a different witness, that no one who gave evidence, that stated it was NOT Mitchell claimed to have known him - are you saying they were lying in court? Put it this way, that would make it stand out more, as they did not state they saw a youth looking dubious with Mitchells clothing on, the did not see Mitchell at the entrance even though they knew him - there are those bells again!!
