Luke Mitchell: Supporters plan protest outside Scottish Parliament to demand retrial over Jodi Jones murderWhy do these folk think that out of all the vicious murderers locked up in Scottish jails Mitchell alone is entitled to retrial after retrial until he gets a verdict which suits their fancy?
Mitchell was convicted on the evidence and was kept there despite numerous reviews on that evidence which has never changed since the night that Jodi Jones was slaughtered by Michell.
SnipThe latter case has attracted an unedifying surfeit of gossip and bizarre tittle-tattle over the last couple of weeks and this sort of behaviour, whilst possibly understandable given human nature, is unhelpful.
What will help individuals determine any situation is
education by those that know what they are talking about as opposed to those that mistakenly think they know (or wished they knew).
There is a big difference.
Take a salutary glance at most social media platforms and you’ll find an abundant supply of lawyers, doctors, dentists, psychiatrists, psychologists, counsellors, teachers, et cetera et cetera.
Except none of them are.
They just like to think they are.
In the Mitchell murder trial, we are not and have not been privy to everything that was led in evidence, nor have we seen every shred of it and heard every word of testimony.
What we do know is
(a) the jury would have received judicial direction before their deliberation
(b) the accused’s defence counsel would have been last to address the jury and
(c) the accused had (and invoked) the right of appeal (several times) , as only he and the Crown may do.
In fact he has failed in multiple appeals and, whilst there has been the view that his human rights were breached (despite his case being ‘pre-Cadder’), even the SCCRC in 2014 decided not to refer his case to the High Court for review.
The main theme that ran through the rather ‘tacky’ programme was the supposed temerity of the jury to return a unanimous ‘guilty’ verdict.
But, even if that were so, there have been (multiple) appeals and a review by the SCCRC.
All to no avail.
Those who are wildly criticising the jury’s verdict are therefore also criticising our judiciary, appellate system, review commission and entire judicial process.
It is neither my style nor intention to comment on a jury’s decision as to do so would strike at the heart of our criminal justice system that I have been an intrinsic part of for over 30 years.
What I would say is that any perceived injustice or perversity in a verdict is not the final word as there is a robust appeals process.
Indeed the appeals process is where the case is reviewed only by our country’s most senior and eminent judges with no jury.
All these avenues have been explored and exhausted.
https://thescotslawblog.com/2021/03/01/unravelling-corroboration-and-circumstantial-evidence/