KIMBERLEY THOMSON: THE TRUTH v 'INNOCENCE BETRAYED'
The source referenced is Sandra Lean's book, 'Innocence Betrayed' (2018), extracts regarded as 'fair use' under copyright and author's remarks in italics.
Sandra Lean claims:
The other girl, Kimberley Thomson, lived some 60 miles away. Luke met her the previous year when the family were on holiday and the two thirteen-year-olds had a “holiday romance.” They kept in touch by phone and met up again in the New Year period of 2003.
Luke had not seen Kimberley since, although they still chatted on the phone.
With regards to visiting Kimberley, Luke's mother, Corinne, was asked in court:
"Did he not go at Valentine's time in 2003"?
Corinne affirmed, "Yes".
The claim that he was planning to visit her again in July 2003 was based on Corinne’s plan to holiday in the same place - a plan that had since been cancelled.
In court, questioned for the prosecution by Alan Turnbull QC (AT), Corinne Mitchell (CM), the following dialogue transpired:
AT: Mrs Mitchell, we'd reached the stage of discussing Kimberley Thomson, and you'll know that she was a young girl of about the same age as Luke?
CM: Yes.
AT: And that she lived in Kenmore in Perthshire?
CM: Yes.
AT: Was she a girlfriend of Luke's prior to her meeting Jodi?
CM: She was, yes.
AT: And they visited each other I think?
CM: Occasionally.
AT: The young girl for example stayed in your house I think?
CM: Yes.
AT: Was that over the period of Christmas at the end of 2002 to the beginning of 2003?
CM: Yes.
AT: Was she on her own or were her parents with her?
CM: She was on her own.
AT: Where did she sleep?
CM: In Luke's room.
AT: And where did he sleep?
CM: In Luke's room.
AT: They would both be 14 at that stage I take it?
CM: Yes.
AT: Did you think that was appropriate?
CM: I didn't think their relationship involved anything other than friendship.
AT: I see. Did you discuss it with her parents for example?
CM: No.
AT: To see what their attitude to it was?
CM: No.
AT: You knew of course at some stage that they had in fact embarked upon a sexual relationship?
CM: Only after Jodi had died.
(...)
AT: Was he supposed to be visiting Kimberley at Kenmore in the course of the summer of 2003?
CM: Yes, he was supposed to be going up there.
AT: Was he going to be staying?
CM: He was supposed to be staying at Kimberley's, yes.
AT: For how long?
CM: I wasn't sure, probably a week.
(End of extract)
After further discussions, it was confirmed that Luke's holiday with Kimberley was to begin on Saturday 5 July and travel arrangements already in place:
AT: If you have before you production 156 you'll see that it contains a number of (incomprehensible) statements taken by police officers at various stages. The second one is dated 6th July...
The pages are numbered Mrs Mitchell, if you look with me to page 23 please. Do you see in the middle of that page that it records you having told the police that Luke had been due... had been intending to go back to Kenmore this weekend, 5th July...
CM: Yes.
(...)
AT: We know, just to take a date or fixed point, that Jodi was killed on Monday 30th June?
CM: Yes.
(...)
AT: How was Luke supposed to be going to Kenmore the following weekend?
CM: I can't remember which... what round (sic) it was, but I was taking him up and my husband - well my ex husband - was picking... bringing him home or vice versa.
(...)
AT: Did Jodi know who Kimberley was?
CM: I don't know, I don't think she did.
(End of extract)
During his Section 14 interview at Dalkeith police station, on 14 August, 2003, Luke Mitchell is asked:
"Why did you lie about Kimberly Thomson, you said you never spoke to her after January. That's a complete and utter lie. We have evidence of that and it's a lie, why did you lie about that. I can't see any reason for lying about that whatsoever. And even when we pressed you on it you still lied about it. When we asked you about it again you still lied about it. There has to be a reason for that. Why"?
Luke replied:
"Because I know how the police work, I know that if I said that you would assume that I was cheating on Jodi with Kimberly'.
On 15 February, 2008, 'The Herald' newspaper published an article reporting on previous days developments at the Court of Criminal Appeal, in Edinburgh:
"Later, the judges were told that Mitchell lied to police about his affair with a lookalike of Jodi. He did not want them to know he had spent three hours on the phone to Kimberley Thomson in Kenmore, Perthshire, immediately after an evening of sex with Jodi, said Mr Beckett".
This originates from the 14 August interview, when Luke is advised the police are aware:
"You were on the phone to her for about 3 hours on Saturday night".
Luke responds:
"Oh Christ no, I spoke to her (incompressibility) 3 hours. God no".
Further questioned:
"So why were you phoning Kimberly Thomson"?
Luke acknowledges:
"Because I was going up to stay with her".
Returning to 'Innocence Betrayed' and despite being aware of the above, in it's entirety, Sandra Lean would have the readers believe an entirely different story.
It would not be challenged, as Sandra Lean had vigorously maintained since circa 2010, that trial transcripts could not be obtained by members of the general public.
In full:
The claim that he was planning to visit her again in July 2003 was based on Corinne’s plan to holiday in the same place - a plan that had since been cancelled.
Jodi and Luke were, in fact, planning a sleepover at a friend’s house the following weekend as part of a birthday celebration - the very weekend the prosecution alleged Luke would be going to see Kimberley.
The following information was also released during Luke's appeal hearing:
"The judges heard that Mitchell told police investigating Jodi’s murder that he had not spoken to Kimberley since January 2003, but telephone records showed 79 calls between then and the end of June".
Kimberley Thomson provided her testimony in court on 30 December, 2003, with BBC Scotland online reporting:
Miss Thomson said that when she read about Jodi's death and the fact that Jodi had been Mr Mitchell's girlfriend, she was annoyed.
She said: "I was upset. I knew he had obviously been cheating on me."
(...)
When asked how she would describe her relationship with Mr Mitchell, she said: "Boyfriend and girlfriend."
Miss Thomson said they phoned each other and may have sent text messages as well.
(...)
Recalling how a friend showed her a newspaper article after Jodi's murder, she said: "Luke's name was in it and Dalkeith as well.
"His girlfriend had been murdered, or something like that."
(End of extract)
It would appear Luke's name first appeared in press reports of Jodi's murder, on Wednesday 2 July and Kimberley was evidently oblivious to Luke's involvement as at that date, until a friend happened to come across that newspaper account.
Also noted is:
Miss Thomson said Mr Mitchell was supposed to visit her last summer but this was "cancelled".
The teenager believed the visit was due to have been the weekend before Jodi was murdered but, when questioned about whether it could have been later, she said she could not remember.
(End of extract)
We can now confirm it was scheduled for Saturday 5 July.
A subsequent 'Sunday Mail' article, dated 3 December, 2006, claimed:
"When Kimberley gave evidence at Mitchell's trial, Jodi's mother Judy ran shaking from the court'.
If affirmative, we can perhaps understand why.
In November of last year, despite Sandra Lean's perpetual assertions otherwise, for some 14 years, it was realised that trial transcripts were actually available for anyone to acquire...
...and always had been.
Consequently unvieled in it's true context and especially Sandra Lean's related publication, hopefully this is a helpful synopsis of the associated facts.
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