LUKE Mitchell’s mother has said it would be “disastrous” if her son was released on a technicality.
Corinne Mitchell said she didn’t want her son’s conviction quashed by a new legal ruling as it would leave doubts over his innocence.
It comes after the Supreme Court ruled that interviewing suspects without a lawyer was a breach of human rights.
Scots law was quickly changed to reflect the decision and the court system is bracing itself for a flood of appeals.
When Mitchell was interviewed by police over the murder of his 14-year-old girlfriend Jodi Jones in 2003 he was alone.
His case is being investigated by the Scottish Criminal Cases Review Commission, which can now take the new ruling into account.
Mitchell’s supporters say it could form a part of the SCCRC review but some, including Corinne, are concerned.
One supporter, writing on a website, said: “This has much significance to Luke’s case but I wonder if we really want him out on a technicality.
“I understand getting him free is the priority but I’d hate for him to have this case follow him wherever he goes.
“He is innocent and hopefully will be freed because that was ascertained beyond doubt.”
And his mother went further.
Corinne Mitchell said: “Getting Luke out on a technicality would be disastrous.
“He’d never be able to lead a normal life and would spend every minute looking over his shoulder.
“Some will always believe he is guilty no matter what is put before them and technicality would just add fuel to the fire.
“Let’s hope they will see Luke’s case for what it is – a complete shambles.”
Mitchell’s legal team have previously lost an appeal in which they claimed there wasn’t enough evidence, that the police interview was unfair and that there were concerns over police and witness identification evidence.
Earlier this year they also failed in a bid for another appeal over evidence that there were other potential suspects.
Corinne also hit out at critics of the new law, including Scottish Conservative justice spokesman John Lamont.
She said: “I wonder how Mr Lamont would act if it was one of his family in a room alone with two seasoned police officers.
“This new rule will help so many people who find themselves in such an unfortunate position where they feel intimidated and alone.”
Luke Mitchell was jailed for life in 2005 for murdering his girlfriend Jodi Jones after she was tied up and stabbed to death and her body dumped in woods near to her home in Dalkeith.
REPORT: Cara Sulieman
