THE trial of a youth accused of murdering Jodi Jones must start again with a new jury, a judge ordered yesterday.
The development followed a two-day break in the evidence at the High Court in Edinburgh after legal argument.
Early yesterday, one woman juror was allowed to leave court for health reasons, and in the afternoon another woman was told she should no longer be a jury member for legal reasons that cannot be reported.
Lord Nimmo Smith told the second woman that the reasons for discharging her were no reflection on her.
The judge thanked the remaining jurors and apologised for any inconvenience, adding: ''You have also been put through what must have been quite a horrible experience on Friday, looking at photographs and a video of the injuries this girl Jodi Jones suffered. I am very sorry indeed about that.''
The jury had seen pictures of the naked and mutilated body of the 14-year-old taken by police photographers in the early hours of July 1 last year.
The murder charge against Luke Mitchell, 16, alleges that on June 30 last year, when he was only 14, he attacked Jodi in woods near Roan's Dyke, hitting her about the head and body and compressing her neck, restricting her breathing and causing her to fall to the ground.
The charge alleges Jodi was repeatedly struck with a knife both before and after she died.
Mr Mitchell has lodged papers in court blaming person or persons unknown for anything that happened to Jodi. He claims that around the time she is thought to have met her death he was in or near his home in Newbattle Abbey Crescent, Dalkeith.
He also denies charges of possessing a knife or knives and being concerned in the supply of cannabis resin to Jodi and to other pupils at St David's High School in Dalkeith, Midlothian. His trial is due to begin again tomorrow with the selection of a new jury.
Before ending the proceedings the judge said it would be possible to continue with as few as 12 jurors, but if the number fell below that any trial would have to be abandoned. Neither Crown nor defence had urged him to continue the trial with a reduced number of jurors, he noted.
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