JODI JONES MURDER: THAT'S ME OFF MUM; Jodi's mother tells court of last time she saw daughter.

Byline: Gordon McIlWraith

JODI JONES'S tearful mum yesterday revealed she had lifted a curfew on her daughter hours before the youngster was killed.

Judith Jones, 39, grounded the 14-year-old after finding out she had been smoking cannabis.

But on June 30 last year when Jodi arrived home from school, she relaxed the rules. Her daughter texted Luke Mitchell - who is accused of murdering her - to arrange to meet him.

Struggling to maintain her composure, Mrs Jones told the High Court in Edinburgh: 'She came into the living room and said, 'That's me off now, mum' and gave me a kiss.'

It was the last time she saw her daughter alive and later that evening Jodi's mutilated body was found near a path where she and Mitchell regularly met.

She also revealed that after Jodi's killing, she had visited Mitchell as she felt the need to comfort him.

However, she had later told him not to attend Jodi's funeral and removed flowers he placed at her graveside.

Every seat in the court was occupied when Mrs Jones entered the witness box.

She said that in 1998 her husband, Jimmy, had hanged himself from a tree in their garden and she had found his body.

Mrs Jones told the court that on the night Jodi died, she had gone to leave flowers at her husband's grave.

She said her husband's death had affected her three children, Jodi - who was nine at the time - Joseph and Janine.

When Jodi started St David's High School in Dalkeith, Midlothian, it had taken her about a year to settle down.

In March 2003, she learned that Jodi was seeing Mitchell and that they were having sex.

Mrs Jones said Jodi was very level headed and they had previously had a mother and daughter chat about boys.

Initially, Jodi and Mitchell saw each other a couple of times a week but that then increased to every week night.

They lived in different areas of Dalkeith and used the Roan's Dyke path - where Jodi's body was found - as a short-cut between their homes.

Mrs Jones stressed to Jodi that the path was a secluded area and ensured that Mitchell always walked with her.

In May last year, she was shocked to learn that Jodi had been smoking cannabis.

Mrs Jones said: 'She was grounded for just over a week and then she was on a strict curfew and had to do a lot of chores in the house.'

Jodi was only allowed out after 6pm and had to be home by 9pm, but during the curfew she was still seeing Mitchell.

On June 30, when Jodi arrived home from school about 4pm, she decided to lift the curfew.

Wiping tears from her eyes, Mrs Jones recalled: 'I said, 'That's you, hen, you can go out when you want to, you don't have to wait till six o'clock'.

'She was chuffed and got my mobile phone to text Luke. She sat next to me on the couch in the living room playing games on the phone until she got an answer back.'

Mrs Jones, who hadn't seen the text messages, said Jodi then went upstairs and when she returned Jodi gave her a kiss and said: 'That's me off now, mum.'

Mrs Jones said: 'Jodi said she was meeting Luke. I asked what they were going to be doing and she said they were going to be mucking about.'

Her mother assumed they were going to meet at the end of the path and Jodi left at 4.50pm.

At 5.40pm Mrs Jones's partner, Allen Ovens, took a phone call from Mitchell, asking where Jodi was.

Mr Ovens told him that she had left to meet him.Mrs Jones said that was the last contact with Mitchell for five hours.

When Jodi hadn't returned home by 10pm she sent a text message to Mitchell as her daughter's mobile wasn't working. Timed at 10.41pm, it read:'Right, that's you grounded for another two weeks.'

At 10.43pm, Mitchell phoned and said he had not seen Jodi all night.

Mrs Jones continued: 'I said, 'What do you mean, she was with you.' 'I think I just put the phone down and I knew something was wrong.

'I am sure I then phoned him back and said, 'I just want you to tell me if she is with you. Tell me the truth.' 'He said, 'I have not seen her' 'I phoned my mum and the police and started phoning around to see if she might have been somewhere else.'

Between 10.49pm and 11.17pm she made four more calls to Mitchell, who said he was on the path with his dog looking for Jodi.

Later, police told her a body had been found and she went to the area.

Advocate depute Alan Turnbull, QC, prosecuting, said: 'Jodi must have left around 4.50pm. At 5.40pm, there was a call from Luke which Mr Ovens took.

'As far as you understand it, Luke was told that Jodi had already left in order to meet him.'

Mrs Jones: 'Yes' Mr Turnbull: 'From what Luke told you about 10.40pm she had not turned up.'

Mrs Jones: 'Yes.' Mr Turnbull: 'Did Luke at any stage phone you back after 5.40pm to say, 'Gosh, Jodi hasn't arrived?' Mrs Jones: 'No, not at any stage.' Asked why she had gone to Mitchell's house the following night, Mrs Jones said there was something in the back of her head telling her to do that.

She continued: 'I thought that I had to go and comfort him.'

Mrs Jones returned to the Mitchell house two days later to confront him.

She told the court: 'I said, 'It makes no difference to what happened to Jodi but I have to ask you, why didn't you phone me back that night?' 'He said, 'Bbecause I thought you had grounded her'.' Mr Turnbull asked: 'Where would he have got the impression you had grounded Jodi that night?'

Mrs Jones: 'I have no idea...it's unbelievable.'

Due to the police inquiry, Jodi's funeral wasn't held until September 3 and Mrs Jones asked the Mitchell family not to attend.

After the funeral, she learned that Mitchell had been to the cemetery and left a card and some flowers.

Mrs Jones said: 'I took the flowers and put them on Luke's doorstep.'

Donald Findlay, QC, defending, questioned why she had made no effort to contact Mitchell after he had phoned at 5.40pm - about 50 minutes after Jodi left the house.

Mrs Jones said she had been making a meal and hadn't realised the time.

She said: 'If I thought it had been 50 minutes I would have been more concerned. But I think if I was meeting someone and they still had not arrived I would have phoned to say, 'Where are you?' Mitchell denies murdering Jodi at an area near Roan's Dyke path by slashing her with a knife.

He has lodged special defences of alibi and incrimination.

He also denies carrying a knife or knives and supplying cannabis.The trial continues.

CAPTION(S):

DEFENCE:; Donald Findlay; DELIGHT: A curfew on Jodi had been lifted on the day she was killed; EVIDENCE: Jodi's mum Judith outside court yesterday

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Publication:	Daily Record (Glasgow, Scotland)
Date:	Nov 27, 2004
Words:	1211
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