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Last Updated: Friday, 10 December, 2004, 15:32 GMT
Upset Jodi witness in court exit
Jodi Jones
Jodi Jones was killed in June last year
A witness at the Jodi Jones murder trial left the court after becoming upset while giving evidence.

Steven Kelly, 21, the fiancÚ of Jodi's sister Janine, told the High Court in Edinburgh he felt sick after seeing her body in Dalkeith on 30 June last year.

The witness paused several times while giving evidence and left after being shown a picture of Jodi's body.

Luke Mitchell, 16, denies murdering 14-year-old Jodi and has lodged special defences of alibi and incrimination.

Mr Kelly told the court he went out on the night of 30 June with Janine and her grandmother, Alice Walker, to look for Jodi after she failed to return home.

I felt like I was being sick when I crossed the wall
Steven Kelly
They went to Roan's Dyke path, where they met Mr Mitchell walking his dog, coming from the direction of the Newbattle Road entrance.

The group walked down the path until they came to a V-shaped break in the wall which borders the walkway.

Mr Kelly, who had walked past the gap in the wall, said he ran back after hearing a shout.

By that time, Mr Mitchell was on the other side of the wall beside the woodland, Mr Kelly told the court.

Mr Kelly said: "I felt like I was being sick when I crossed the wall. It was like bile coming up."

Body found

Mr Kelly said he climbed over the wall to join Mr Mitchell, who pointed down the inside of the wall and said: "Down there, 5ft out from the wall."

The witness said he thought he could "see something", believing it at first to be a log.

Prosecuting advocate depute Alan Turnbull QC asked: "Did you come to realise there was a body there?"

Mr Kelly replied: "When I got a bit closer, yes."

The witness paused, before adding that he then "peered round a tree".

Trial adjourned

Mr Turnbull asked: "What did you see when you did that?"

"A body lying there," a tearful Mr Kelly replied.

Questioned by Donald Findlay QC, defending Mr Mitchell, Mr Kelly was asked how close he had been to the tree he described when he saw the body.

After a long pause, Mr Kelly replied: "I cannot remember how far I was from the tree."

Mr Findlay then asked the witness to look at a photograph and a picture of Jodi's body was shown in court.

Mr Kelly then left the witness box.

The trial, before Lord Nimmo Smith, was adjourned on Friday afternoon after Mr Mitchell became unwell.


SEE ALSO:
Accused 'fine' as body was found
09 Dec 04 |  Scotland
Jodi trial told of smoke smells
06 Dec 04 |  Scotland
Jodi accused 'carried a knife'
03 Dec 04 |  Scotland
Boy 'like Luke' near death scene
02 Dec 04 |  Scotland
Jodi's boyfriend 'up to no good'
01 Dec 04 |  Scotland


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