THE boyfriend of Jodi Jones was identified in court yesterday as looking like a youth seen near the woods where the schoolgirl's body was found, and looking as though he had been ''up to no good''.

Lorraine Fleming told the High Court in Edinburgh she had seen a youth resembling Luke Mitchell standing at a gate opposite the entrance to Roan's Dyke path, where Jodi's body was found on June 30 last year.

When asked if the person she had seen was in court, Mrs Fleming, 46, told advocate-depute Alan Turnbull, QC, he was ''in the front row there'', pointing towards Mr Mitchell.

The court was told Mrs Fleming was being driven to a supermarket that day by Rosemary Walsh, her partner's sister. As they drove from her Newtongrange home along Newbattle Road, she saw someone at a gate at around 5.40pm or 5.50pm, less than an hour after Jodi was last seen.

She said: ''He was facing me. As he came into view I turned round and said to Rosemary: 'He looks as if he has been up to no good'.''

Asked to explain, she said: ''It was just the way he was standing. He wasn't looking as if he was waiting on anyone. His face - he was watching the ground, the pavement, constantly.''

Mrs Fleming said she thought he was wearing dark clothing, a long, dark green jacket, and was aged about 17.

Donald Findlay, QC, for Mr Mitchell, questioning Mrs Fleming on the youth's behaviour, said: ''He was doing nothing that was in any way wrong, menacing, threatening or distressing, is that correct?''

Mrs Fleming: ''Yes.''

She added: ''It just didn't look right. I am sorry, but it didn't.''

Mr Mitchell denies murdering Jodi and has lodged defences of alibi and incrimination.

The trial continues.