THE PARKA JACKET: A DETAILED ANALYSIS
On Monday 30 July, 2003, at approximately 5:45 p.m., Rosemary Walsh was driving along Newbatttle Road, accompanied by her brother's partner, Lorraine Fleming and heading towards Newtongrange, when a male spotted against a wooden gate, caught their attention.
It was a 'five bar' gate, situated on the right-hand side of Newbatttle Road and slightly further along, on the left-hand side, was Roan's Dyke Path.
Next day, they both become aware that a local schoolgirl', 14-year- old Jodi Jones, had been murdered.
It was only subsequent to learning of the murder scene location and realising is was relatively close to their sighting, that they contacted police.
On 2 December, 2004 and appearing as a trial witness, Rosemary Walsh confirmed, "I think it was a couple of days later".
Should it have been Luke Mitchell, then it would necessitate crossing over Newbatttle Bridge and he clams never to have travelled further than Barondale cottages, situated before the bridge.
The following is a map, compiled from discussions many years ago on the Tapatalk forum and to which Corinne Mitchell, Luke's mother, contributed.
Barondale cottages are highlighted and I have added a red 'X', indicating approximate location of the five bar wooden gate, where the reported Walsh and Fleming observation took place:
There is an archive photograph of the exact location and context, in this associated forum discussion:
https://jeremybamberforum.co.uk/index.php/topic,551.2565.html
Rosemary Walsh was first interviewed by police on 8 July and Lorraine Fleming, not until 16 July.
Courtesy of the recently acquired and published trial transcripts, pertaining to respective court appearances and all which transpired therein, it is possible to extract a verbatim summary of the inaugural statement provided by Rosemary Walsh:
It was just as we were approaching this person that my sister-in-law pointed him out to me.
I would have been doing about 30 mph at that time. l
I looked over and she said to me, "He looks very cagey".
I saw a male who would be aged 14 to 17.
Height would be about 5 ft 6, 5 ft 7, it was hard to tell because he was leaning on the gate and not standing up straight.
As I first looked at him he had his head down, sort of looking at his feet and looking, I thought, a bit cheesed off.
The lad had dark hair I think, but it looked either wet, like he'd been caught in the rain, or he had something like gel on it and he had his head down.
I couldn't say if he had a fringe or parting at all, but I couldn't see his face, I think this was because of his hair.
It would have been between chin and shoulder length.
He looked like he was slim built and was wearing a dark jacket.
It sort of came to his hip.
And it looked like it might be waterproof but I couldn't notice if it was dull or shiny.
I'm not sure even if it was open or closed.
I couldn't say if it had a hood or not.
I think I may recognise the boy again.
But only because of the clothing and hair as I didn't see his face.
(End of extract)
These are unverified additions, from the book, 'Innocence Betrayed' (2018), by Sandra Lean.
She continued, "If I was to describe what type of jacket, I'd say a parka, but that's really just because of the length".
The trousers were black, baggy and "like jeans". He was wearing dark footwear, but she was not sure if they were shoes or trainers.
(End)
Consequently, "a dark jacket... It sort of came to his hip".
The reference to a parka jacket, is, "really just because of the length".
Unfortunately, by comparison, within Lorraine Fleming's trial transcripts, there is hardly anything revealed from Lorraine Fleming's first, 16 July, interview.
Once again, we are reliant on an unverified, brief summary from 'Innocence Betrayed':
Lorraine Fleming's first statement stated that Mrs Walsh arrived at about 5.30pm and they left to go shopping at about 6pm.
Her description of the youth was similar although she added that he was "very slim" and his hair was "sticking closely to his head". The jacket was dark; she was quite sure it was not black, but possibly dark green and she could not say if it was zipped up or not. She, too, did not see his face.
(End of extract)
In court and describing the jacket worn, Rosemary Walsh recalled:
"It was green, sort of dark green colour.
It put me in mind of what you classed an old style parka... years back".
Questioned, "The impression you gained of a parka, was that in some way influenced by the length of the jacket"?
"Yes it came down to just after sort of bum sort of type thing".
Then asked, "And shape, anything about the shape that made you think parka"?
She replied:
"I think it was just more once I'd seen it it reminded me of a parka jacket".
(End of extract)
Once more, confirmed as not an actual parka, simply something which brought to mind an old fashioned one.
On 15 August, the Daily Record published a photograph of Luke wearing his newly acquired German army parka, purchased by his mother, amongst other clothing items, on Tuesday 8, July:
Both Rosemary Walsh and Lorraine Fleming acknowledged having discussed this picture.
We can see from the trial transcripts, that their various later statements, obtained after 15 August, might have been compromised by that Daily Record article.
One example is Rosemary Walsh later citing that she could remember a black t-shirt, with white lettering, worn underneath the unidentified person's jacket and exactly, of course, as seen in Luke Mitchell's picture.
Asked by Deputy Advocate Donald Findlay QC, how this was possible, as in her first affidavit, on 8 July, 2003, the witness had said, pertaining to the jacket, "I'm not sure even if it was open or closed", Rosemary Walsh responded, "I have no idea".
In essence, whilst the Walsh and Fleming allusion to a parka jacket, might have been misconstrued, publication of this 'paparazzi' photograph, by the Daily Record on 15 August, was seminal and affected evidential perceptions, to a significant extent.
It was also the genesis of prosecution assertions that Luke's current parka, was a replacement for one which had been worn on the night of Jodi's murder and disposed of by incineration in the family's backyard log burner, by Corrine Mitchell.
Everything associated in its entirety, became a pillar of the prosecution case and in that entirety, could not have had a more specious foundation.
LINK TO FACEBOOK GROUP DISCUSSIONS
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