Luke Mitchell trial transcript/case discussion

  From Innocents Betrayed page 129: Lorraine Fleming’s dock identification was particularly outrageous. Asked by the prosecution QC if she could identify, in the court, the person she saw that day, she said: “Not sure.” Encouraged by the same QC to say if she could recognise someone in court who resembled him, perhaps from a different angle or perspective, she replied: “Yes, but his head is completely different.”. Unbelievably, that was accepted as a positive identification. It was not witness Lorraine Fleming who said " Yes, but his head is completely different" , it was Rosemary Walsh (transcript page 492, 02/12/04). Lorraine Fleming did believe she could positively identify Luke in court  - transcript page 335 (01/12/04) Asked by the Advocate Depute if she had had a chance to look around, she responds "yes". And do you recognise the person you saw again? - yes Where is he? (incomprehensible) Do you mean between the two gentlemen in the white shirts? - Yeah Did he

Innocents Betrayed page 222: Where did the dozens of witnesses who saw Luke in a German army shirt go? Their statements were never released to the defence and they were never called to give evidence.  Innocents Betrayed (By Dr Sandra Lean) page 127:  Just before six o’clock, Luke was identified by people who knew him, sitting on a wall at the end of his street, 400 – 500 metres further along the Newbattle Road, wearing completely different clothes (baggy jeans, green bomber jacket with orange lining and distinctive, light coloured snowboarding boots).  02/12/04 transcript  AH, one of the three boys who saw Luke at around 6pm at the entrance to Newbattle Abbey crescent on Monday June 30th 2003, describes the clothing he believes Luke was wearing: In his first statement to Police he described: "Dark blue baggy jeans and a dark green shirt...it was definitely a shirt, not a jacket. I think it was buttoned-up and I couldn't see anything underneath it. It was down to the waist of