The deleted texts between Luke and Jodi - what did they say?

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This blog isn't intended to argue guilt or innocence - just to highlight case facts and unanswered questions 

A text was sent from Jodi's mum's phone to Luke's mobile at 16:35 on 30/06/2003. A response was sent from Luke's phone back to Jodi's mum's at 16:36, then a further reply is sent back to Luke's at 16:38 - that's the end of the text exchange.

The content of the texts was never recovered from either phone. 



What was in the texts?

The following is a paragraph taken from Innocents Betrayed By Dr Sandra Lean, page 36 - 'The agreed facts':

"Monday, June 30th, the 4.34pm text from Judith’s phone to Luke’s (Jodi’s phone was broken) asked, did he want to meet up with Jodi later that evening? Luke texted back saying he would be out after tea and suggested Jodi come down from her home in Easthouses to meet him near his home in Newbattle."

Let's compare that to what Luke told DC Alan Towers was said during the text exchange:

Jodi: Hi, are you coming out?

Luke: You can come down to my house if you want. We'll muck about.

Jodi: Yeah sure. I don't know what time I'll be leaving the house. See you whenever.


Luke also mentioned Jodi's response during the August 14th, section 14 interrogation. The following was read out during the testimony of Sgt Thomson, one of the interviewing officers:

Luke explains Jodi had replied: Cool do you want me to walk down? I don't know what time I'll be leaving.

He also said: "I replied sure, see you when you get down."


If Luke had said this, it would mean that there were four text messages in the exchange, not three - but there appears to only be evidence of three, at the times mentioned above; the first text from Jodi asking if Luke wanted to meet, a reply from Luke where according to his statement on July 4th, he had said Jodi could come down to his to muck about, then the 3rd and final in the exchange being the reply from Jodi saying she didn't know when she would be leaving. There is no evidence however, of a 4th text, despite Luke's statement that he replied "sure, see you when you get down". 

Luke explains again in the same interview (Aug 14th) what Jodi had said in her reply:

"That's fine, do you want me to walk down? I'll leave whenever, I don't know what time I'm leaving"


Taken from DC Alan Towers evidence (refers to 4/07/03 interview) https://lukemitchelltrialtranscripts.blogspot.com/2023/12/dc-alan-towers-evidence-17122004-day.html






Taken from Sgt Thomson's transcripts/evidence (refers to 14/08/03 interview) - Full transcript will be uploaded soon.


 

According to Luke in those statements, there was no suggestion for Jodi to come down 'after tea',  as stated in Innocents Betrayed. Neither did he specifically ask Jodi to meet him near his house - just for her to come down to his house.

To make matters more complicated, the 2008 appeal document states:  

The deceased had left home saying she was going to meet the appellant and that they were intending "mucking about up here", that is, in the vicinity of the Easthouses settlement.

https://www.scotcourts.gov.uk/search-judgments/judgment?id=e2988aa6-8980-69d2-b500-ff0000d74aa7

There are a few questions here which we may never know the answer to: 

If Jodi had agreed to go down to Luke's house, why would she tell her mum she would be 'mucking about up here'? 

Jodi's mum said that Jodi left shortly after texting with Luke - why would she have left so soon if she didn't know when she would be leaving the house and would be down whenever? It seems like she left the house fairly quickly.

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