Ofcom examines complaints over 'biased' Channel 5 show which questions Luke Mitchell’s Jodi Jones murder conviction

The complaints arose after the family of murdered Jodi Jones described the documentary as  "biased".

The Ofcom's involvement emerged as an online petition demanding an independent inquiry into the murder conviction has reached nearly 18000 signatures.

Murder in a Small Town, focused on two former detectives re-examining the case who suggest another five suspects could have been responsible, while claiming to have uncovered various “red flags” which cast doubt on his guilt.

Jodi Jones.

Jodi Jones, 14, was murdered on June 30, 2003, and her body was found in a wooded area in near her home in Easthouses, Midlothian, in 2003. She was 14 at the time, as was Mitchell. Her hands had been tied behind her back, her throat cut multiple times and her body repeatedly slashed.

She had taken a shortcut along a woodland path to get to Mitchell’s house on June 30 when she was brutally attacked. Her body was found on the path known as Roan’s Dyke, initially by Mitchell and then members of her family, who were all searching for her together, at about 10.30pm.

Her boyfriend, Mitchell, was arrested and charged with the crime in April 2004 and found guilty by a jury in January 2005.

Mitchell was convicted of murder in 2005 following a trial at the High Court in Edinburgh and was ordered to serve at least 20 years in prison.

It is understood one of the complaints to Ofcom has come from a witness from Mitchell's murder trial, now 34, who fears the TV documentary points the finger at him.

Channel 5 removed a second part of the documentary from its streaming platform after a man's name was shown on a document which included a list of suspects.

Jodi’s family hit out at the programme makers because it implied on the show that members of her own family were involved in a cover-up.

An unnamed family member said: “We were shocked at people on social media openly criticising the family of a murder victim, suggesting they were involved. A disgusting allegation and despicable position to put them in when their suffering continues.

“C5 and these ‘investigators’ have made the family’s suffering so amplified from all of the abuse from these armchair sleuths based on a biased and one sided programme. Why can people be so blinkered and forget the family?”

Former Deputy Chief Constable of Lothian and Borders Police, Tom Wood, who was second in command of the force when Jodi died said the documentary was “very poorly done” and “very one-sided.”

Luke Mitchell is taken from the court after being found guilty. 

He also stressed that appeals against conviction had been rejected on a number of occasions.

The media regulator is probing the complaints but has not yet launched an official investigation into the show which pulled in 1.5 million viewers on Wednesday, last week.

A spokeswoman for Ofcom said: "We received 26 complaints about the programme.

"We are currently assessing the complaints against our broadcasting rules, but are yet to decide whether or not to investigate."

In sentencing,  Lord Nimmo Smith said: "It lies beyond any skill of mine to look into the black depths of your mind.

"I can only look at what you have done.

"I have no idea what led you to do what you did. Maybe it was a desire for notoriety, to achieve something grotesque. I leave it to others to fathom."

Mitchell, now aged 32, lost appeals in 2008 and 2011 and had two further appeal bids rejected in 2011 and 2014 – but he continues to argue his innocence.   

In phone calls from jail featured in the documentary, Mitchell argued: “Other than me being a convenient suspect because I was seen as out of the ordinary and into alternative styles, and lifestyles, and dress sense, and music – I don’t know why they went after me like this.”  

He argued that  he was framed by police: “I was the local weirdo. It was easy to put on me.”

Luke Mitchell

He said that two police officers tried to intimidate him into admitting the murder by screaming: “Confess you little b*****d”. 

He added: “I’ve not spoken out in all this time because every time I’ve tried to I’ve been shouted down and called evil, manipulative and twisted. 

“I can’t be more clear. I absolutely did not kill Jodi and I’ve been locked up for a crime I didn’t commit. I will not admit to something I’ve not done. I want to clear my name.”

In the documentary, private investigators John Sallens and Michael Neill claim the crime scene was badly managed and stress there was no forensic evidence linking Mitchell to the death found either on him or in his house, despite police searching it three times.

The documentary also refers to a used condom found near her body which was never traced, and the investigators speak to a friend of another suspect, Mark Kane, who says he apparently came to his home in Leith the night after the murder with scratches on his face.

But Detective Chief Superintendent Laura Thomson from Police Scotland said: “Following the discovery of Jodi Jones’ body, a thorough investigation was conducted by Lothian and Borders Police. Extensive forensic analysis was carried out along with door-to-door inquiries and other investigative techniques.

“As a result, Luke Mitchell, was charged with Jodi’s murder, before being convicted in 2005.

“We are satisfied we do not need to trace any other individuals in connection with this investigation.”

The trial heard Mitchell was a fan of controversial American rocker Marilyn Manson, who painted pictures depicting the gruesome “Black Dahlia” 1940s murder of Holywood actress Elizabeth Short. Detectives believed Short’s murder was the inspiration for Jodi’s killing.

Prosecutors also told the jury how Mitchell was obsessed with Satanism.