DETECTIVES "cast fairness aside" in a bid to pin the murder of Jodi Jones on Luke Mitchell, appeal judges were told.

Defence QC Donald Findlay claimed a key witness was shown 12 photos in which a picture of Mitchell clearly stood out.

Mr Findlay maintains that if a proper ID parade had been held - as recommended in official guidelines - a solicitor could have objected to the "stand-ins".

"It is difficult looking at this to see how police could have more ignored, contravened, torn up and thrown away those guidelines," he said.

Mitchell, 19, is appealing against his conviction for killing his 14-year- old girlfriend Jodi on June 30 2003.

Her naked and mutilated body was found in woods beside Roan's Dyke path, Dalkeith, and in 2004 Mitchell was sentenced to serve at least 20 years.

At the Court of Criminal Appeal in Edinburgh Mr Findlay claimed police had "flaunted" the guidelines.

The trial heard how witness Andrina Bryson - then 26 - was returning from a shopping trip when she caught sight of a couple at the top of the Roan's Dyke path.

She described a male with lots of messy hair making a strange gesture towards the girl.

Mitchell was photographed and the picture, along with 11 others, was shown to Mrs Bryson.

She picked out Mitchell as the man she had seen smashing his alibi.

Mr Findlay pointed out that one of the 11 photos was a child much younger that Mitchell. No-one else had a similar haircut and the background in the Mitchell photo was much lighter than the others.

He said it threw Mrs Bryson's claim that Mitchell was the youth she saw into question. She also failed to pick him out in court.

The appeal judges also heard how Mitchell's attempt to help Jodi's family find her had been given a sinister twist.

The trial heard how during a search of the Roan's Dyke path Mitchell was first to look over a gap in the wall near to where Jodi lay.

Prosecutors claimed he led the others to the body because he knew where it was.

Mr Findlay said: "It is thanks only to Luke that she was found."

Much of Mitchell's appeal aims to reverse legal rulings made by Lord Nimmo Smith.

In particular, say his lawyers, the judge should not have allowed the jury to consider the case because there was insufficient evidence to find Mitchell guilty beyond reasonable doubt.

The hearing before Scotland's top judge, Lord Hamilton - sitting with Lords Osborne and Kingarth - continues.