No reasonable judge would have made Luke Mitchell stand trial in Edinburgh for the murder of Jodi Jones, it was claimed yesterday.

Defence QC Donald Findlay claimed that, by the time of the trial in November 2004, local feeling, fuelled by press coverage that made Mitchell "prime suspect", meant he could not get a fair trial.

And the lawyer accused prosecutors of having double standards.

"We don't think twice about having people travelling down from Inverness to Edinburgh or Glasgow for a trial when it suits the system," he said.

Mr Findlay made his plea to judges at the Court of Criminal Appeal in Edinburgh where Mitchell, 19, is trying to overturn his conviction for the murder of his girlfriend Jodi in June 2003, when they were both 14-year-old pupils at St David's High School in Dalkeith, Midlothian.

One of his grounds of appeal is that trial judge Lord Nimmo Smith blocked a move by Mitchell's defence team to have the trial heard at another courtroom in Scotland.

"It was a decision no trial judge, approaching it reasonably, could or should have taken," said Mr Findlay.

The lawyer spent some two hours describing to appeal judges the kind of media attention that built up between Jodi's murder and Mitchell's arrest 10 months later.

Mr Findlay quoted from newspapers which suggested a "satanic" element to the horrific killing and that a maniac was on the loose.

Throughout, there were descriptions of Jodi as an innocent schoolgirl but no hint of sympathy for Mitchell. There were stories of him being taken from his home in Newbattle, Dalkeith, in handcuffs, to be "quizzed" by police and of "a dawn raid" on the Mitchell family home.

"I would suggest the public out there are not so naive as to believe police indulge in dawn raids simply because they want to have a chat with someone who might be a witness," said Mr Findlay.

The appeal judges were also told of press coverage featuring the Jones family's "burning hostility" towards Mitchell, banning him from the funeral, complaining later about a visit he made to the cemetery and dumping the flowers he left back on his doorstep.

"There was clearly a view being taken by the family of Jodi that Luke had some kind of responsibility, or blame attached, for her death," said Mr Findlay, adding: "Luke Mitchell was the prime suspect. At no time was any other relevant suspect mentioned."

The lawyer continued: "There was no indication of public sympathy for Luke. In my submission, anyone reading this material could only be left with the impression that Luke Mitchell murdered Jodi Jones and it was only a matter of time before they proved it."

Mr Findlay acknowledged that there had been media coverage in newspapers and on television across the whole of Scotland but argued that it would have more effect in a small community such as Dalkeith where Jodi's death was the first murder for some time.

Mr Findlay told how he had tried to get the location moved because of the publicity that followed Jodi's murder and the charging of Mitchell.

But top advocate depute Allan Turnbull, QC - who has since been made a judge - turned down the request made during informal meetings.

When Mr Findlay formally applied to the court for a change of venue, trial judge Lord Nimmo Smith turned him down as well.

The naked and mutilated body of Jodi was found in woods in Dalkeith on the night of June 30, 2003. After a trial that started in November 2004, Mitchell was found guilty of the horrific murder and was sentenced to life. Lord Nimmo Smith ordered him to serve at least 20 years before applying for parole.

Much of Mitchell's appeal aims to reverse legal rulings made by Lord Nimmo Smith. In particular, say his lawyers, the judge should not have allowed the jury to consider the case because there was insufficient evidence to find Mitchell guilty beyond reasonable doubt.

Pony-tailed Mitchell returned to the courtroom where he was sentenced three years ago, watched by his mother. Members of Jodi's family also sat in the public benches.

The hearing, which is before Scotland's top judge, Lord Hamilton, sitting with Lords Osborne and Kingarth, continues.

They are expected to issue a decision in writing at a later date which could free Mitchell, send him back to jail or order a retrial.