New FOIA response - Police Scotland have received no request for the release of productions for the purpose of re-testing

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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.  




Questions


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"



A further request has been sent to Police Scotland in an attempt to confirm whether this would also apply to previously untested productions. 

Here's the problem though.

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



SPA (Scottish Police authority/previously forensic services who dealt with the productions in Jodi's case) confirmed in a response that if samples were identified as semen, they would all have been tested for DNA.




So, what exactly are these 'untested' samples that supporters were told have been requested?

 Because it doesn't look as if it can be the semen samples. 

And in terms of requesting any productions for re-testing (as we were told was necessary, with up to date technology in an independent lab), this has not happened. 

But surely, even if it was the case that semen samples existed which had not been tested for DNA (which there is no evidence of) - the very fact they had already been tested in a lab to determine that they were semen, would mean any requests for further testing would still come under 're-testing'...further confirming that this has not actually happened?


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