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JODI PICS HORROR OF MITCHELL'S BROTHER; Tears at death trial.

Byline: By Gordon McIlwraith

LUKE Mitchell's brother recoiled in horror yesterday as he was shown gruesome pictures of Jodi Jones's naked and mutilated body.

Shane Mitchell, 23, was confronted with the shocking images in court.

He turned away after being shown the first photo and immediately asked for a break.

Shane sat in the witness box sipping a glass of water and wiping tears from his eyes before he had to look at another four photos.

He then admitted that, when he returned home on the day that Jodi died, he watched porn on his computer because he thought he was alone in the house.

Luke Mitchell, now 16, denies murdering Jodi, and maintains he was in the house when she died.

Shane told the High Court in Edinburgh that, on June 30, 2003, he arrived home at Newbattle Abbey Crescent, Dalkeith, Midlothian, at 4.50pm.

He said he went upstairs to his bedroom and watched porn on the internet.

Advocate depute Alan Turnbull, QC, told Shane he had no desire to humiliate or embarrass him but he wanted to know if he did anything else at that time.

When Shane said he wasn't, Mr Turnbull asked him to look at photos of Jodi's body where it was found near the town's wooded Roan's Dyke path.

As he glanced at the first photo, Mr Turnbull stated: 'I am not surprised to see your reaction. You looked a bit horrified and looked away, didn't you?

Shane replied: 'Yes.' Mr Turnbull added: 'These are not pleasant.The reason I asked you to look at these is so you can appreciate what we are dealing with. Do you understand now?

'Do you appreciate I can't let embarrassment stand in the way of getting to the bottom of this?'

Again, Shane replied: 'Yes.' The witness then admitted he had been engaged in a sex act while watching porn.

He agreed with the prosecutor that he wouldn't have done that if he thought anyone else had been home.

Mr Turnbull asked him: 'On that evening,about4.55pm,who did you think was in the house?'

Shane told him: 'No one at that time.' The advocate depute then asked: 'Did you see Luke when you went down after the internet session?'

The witness told the court:'I genuinely don't remember seeing my brother. He could have been there.'

Shane said his mum arrived home about 5.15pm and he joined her downstairs.

Mr Turnbull read out a police statement from Luke Mitchell in which he said he had tea with his mum before leaving the house at about 5.30pm to wait for Jodi.

His mother was present at the interview and, when police asked if he had eaten with Shane, his brother had asked her: 'Shane wasn't there, was he?'

His mum had intervened: 'No.' Luke had then added: 'Shane was not in when I left.'

Luke Mitchell denies murder and has lodged a special defence of alibi and incrimination. He said he was at home or in the immediate vicinity between 5pm and 5.45pm.

He has also pleaded not guilty to carrying a knife and supplying cannabis.

The trial continues.

CAPTION(S):

EVIDENCE: Luke Mitchell's brother Shane arrives at the court yesterday; KILLED: Jodi Jones
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Publication:Daily Record (Glasgow, Scotland)
Date:Jan 13, 2005
Words:542
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