Police Scotland have received no request for the release of productions for the purpose of forensic testing (FOI responses)
In June this year (2024), one of the main Luke Mitchell campaign groups posted a statement letting members know that the request for the remaining untested samples had been made.
Since the end of 2022, focus in the Luke Mitchell campaign has remained heavily on untested samples relating to the murder of Jodi Jones in 2003.
There were regular updates from Sandra Lean explaining that fundraising was needed to pay for the testing of untested samples and re-retesting of samples in an independent lab.
Supporters gave money for this.
A freedom of information response has come back from Police Scotland to explain that since his conviction (in 2005) "no request has been received in this case for the release of productions for the purpose of re-testing by a forensic provider from legal representive acting on behalf of Luke Mitchell"
The only allegedly untested samples ever mentioned other than fingernails from one of Jodi's hands, was semen. The claim made by Sandra Lean regarding untested samples related to semen samples - in fact, she attested that semen sample information existed in a hidden list titled 'tests brought no results' and that they had been tested for semen but not further tested for DNA. There has not been any mention of any other 'untested' samples.
However - Police Scotland have also responded to explain that there could be no untested semen samples:
A further update (29/11/24) confirms that there is NO record of any productions being requested by Luke Mitchell's legal representative whatsoever. Not previously tested, or untested.
A letter shared online by campaign leaders, with a header from Police Scotland (Specialist Crime Division) explained that the medical and forensic type samples were currently held by Police Scotland within a production storage facility in Edinburgh. According to Sandra Lean, this letter was dated 31/03/23.
Link to video where this is discussed on Sandra's channel: https://www.youtube.com/watch?v=bDtivG_psQY&t=385s
In her April 2023 video, Sandra reads parts of the letter that explains that any existing productions are the responsibility of Police Scotland. She also reads "The decision as to whether or not examination can take place, rests with Police Scotland".
In response to Police Scotland's stipulations that any examination or analysis (of the medical and forensic samples) would require to take place under strict guidelines and in a controlled manner, Sandra said: "what did they think we were going to do? take them down to the local high school?"
"We are talking TOP scientists, top laboratories, not just in the country, in the world."
Unhappy with the conditions that the analysis or examination would require the supervision of a Police officer and a member of SPA staff, she goes on to basically explain that the only option she is willing to consider (at this point, she has full autonomy to speak for Luke Mitchell) is independent testing, in an independent laboratory. She does not trust Police Scotland.
In a further video (Sept 2023), under the premise that Luke's legal representatives would be applying for the samples to be tested independently, Sandra explained the importance of raising money and that details would be put up for people to donate: https://www.youtube.com/watch?v=VYepLKHqDxk&t=616s (around 7 minutes 30 seconds) - money which supporters willingly gave.
But no samples have been requested, despite the update from the social media group in June this year (as mentioned above) - telling people that they had been.
"The request for the remaining untested forensic samples has been made"
A group admin even responded to a question regarding the time frame, reiterating that Luke's legal team had requested the samples and that they would let people know when there were any developments (June 2024):
In reality, there is no record of any request being made. The letter read by Sandra in her video, laid out conditions should his legal team decide to proceed with request for examination and analysis, but clearly, no request was received by Police Scotland.
Further update - 08/01/25
Just to cover the possibility that a request may have been made to COPFS rather than Police Scotland, or that the samples may have been moved from Police Scotland since the last correspondence - a further FOI response has confirmed that Police Scotland do hold the productions and that any request for release would need to be made to themselves.
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