THE TEENAGER convicted of murdering Jodi Jones is considering a complaint to the European Court of Human Rights on the grounds that his right to a fair trial was wrecked by a confrontational police interrogation and alleged police leaks which fuelled the media hysteria in the run-up to the case.

Luke Mitchell, 19, who recently lost his appeal against his conviction for mutilating and stabbing to death his 14-year-old girlfriend in woodland near her home in Dalkeith, Midlothian, last week replaced his legal team as he seeks a fresh appeal through the Scottish Criminal Cases Review Commission (SCCRC).

His new solicitor John Carroll is understood to be considering complaining to the ECHR that Mitchell's treatment by the police during a hostile interview when he was 15 - a tape of which was played at his trial - and subsequent media briefings that he was the only suspect breached Article 6 of the convention on human rights, which enshrines the right to a fair trial.

Carroll represented Thomas "TC" Campbell and Joe Steele during most of their appeal against their convictions for the 1984 "Ice Cream Wars" murders.

The Sunday Herald understands Carroll is considering taking the case to Strasbourg on the grounds that Mitchell did not receive a fair trial due to alleged pre-charge police leaks, which fuelled the media's portrayal of Mitchell as the "only suspect" and the aggressive manner in which he was questioned.

Three senior appeal court judges "deplored"' the "outrageous" interrogation by officers in their ruling in May, which rejected it as a ground of appeal.

Lord Hamilton said: "We are driven to the conclusion that some of the questions put by the interviewing officers can only be described as outrageous."

The judge added that, at times, the questioning was such that the officer was "endeavoring to break him down into giving some hoped for confession by his overbearing and hostile interrogation".

Sources close to Mitchell's legal team believe the interrogation was set up deliberately to contaminate the minds of the jurors at the subsequent trial.

The source said: "The police's conduct and the way they carried out the interrogation on a child was appalling.

"It was acknowledged by Lord Hamilton that the officer was wanting to make statements of his own.

"The result was that everything the officer said about his view of Mitchell's involvement in the case was on tape which was played before the jury."

Any aspects of the case in relation to how a child is treated in custody could be examined by the ECHR.

Carroll will examine Lothian and Borders Police's alleged role in providing the media with background information about Mitchell.

His appeal heard that it was "made clear by the police at a fairly early stage that the appellant was the only suspect" and accepted that certain witnesses were influenced by the publicity.

The media were briefed by police that they "knew who was responsible for the death", it was revealed at the appeal.

A source close to his legal team said they believed that a delay in charging Mitchell allowed the police to "whip up" stories about their only suspect.

The source added: "The police clearly had a view he was a suspect, but didn't charge him. It gave the press an opportunity to continue to publish stories. It was the repetition that he was the only suspect' that was most harmful to his chances of a fair trial.

"Although the ECHR has no powers to quash his conviction, if it finds his rights were violated, it would be difficult for any court in Scotland to maintain the conviction."

The development came after Mark Kane, a recovering drug addict who frequented the woods, was identified as an alternative suspect who it was alleged the police failed to fully investigate as they were focused on Mitchell.

Last night Carroll said: "I am currently considering an appeal, but I do not wish to make any further comment until I have considered the case in detail."