UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #3

Discussion in 'Trials' started by Legally Bland, Jul 2, 2018.

Thread Status:
Not open for further replies.
  1. Rhenish

    Rhenish Well-Known Member

    Messages:
    184
    Likes Received:
    1,742
    Trophy Points:
    93
    I have not personally, but I do agree that there will always be that dumb moron juror that just wants to protect the accused despite every bit of evidence against him or her simply because their world is so narrow minded that they do not even have it within themselves to imagine or fathom that someone so young could commit such a horrendous act. This is why the accused wants to testify and throw mud, his defense is simply to confuse and cast doubt to those that cannot fathom that a 16 year old could commit such a crime. Pathetic and desperate defense imo. They are hoping for a juror that is dumb enough to buy into their defense, and chances are there will be that dummy. ETA, given that ...imo, the defendant will likely be found guilty. His lies are so transparent.
     
    Last edited: Feb 20, 2019
    sindydee, mrazda71, Edinlass and 2 others like this.
  2. Caroclaud

    Caroclaud Well-Known Member

    Messages:
    67
    Likes Received:
    287
    Trophy Points:
    53
    Interesting in one of @fraser knights tweets he mentions the Accused was said to be “extremely confident” wen he gave his statement to the police.

    I Didn’t realise that he had given a statement? I assumed he had said ‘no comment’ to everything, given what I had read in the media.
    Has anyone else seen his statement published or discussed anywhere, I am wondering if he mentioned TM in it? I wonder if this original statement contained any of the lies he has been discussing yesterday in his evidence.
     
    Last edited: Feb 20, 2019
  3. Detective_dog

    Detective_dog Member

    Messages:
    16
    Likes Received:
    81
    Trophy Points:
    13
    I wonder if that is referring to when the police spoke to him at his house, after the mum turned over the cctv. I think he told them he had gone out for drugs?
     
  4. Caroclaud

    Caroclaud Well-Known Member

    Messages:
    67
    Likes Received:
    287
    Trophy Points:
    53
    I agree!
    I was on a 6 week trial and I couldn’t believe how many jurors were reluctant to convict, or felt sorry for the defendant/ just couldn’t face being responsible for putting people in jail.
    I hope the jurors can have a sensible discussion, we may think there’s lots of compelling evidence but we are heavily invested, having reasoned discussions, fairly intelligent and really trying to get to grips with the evidence. Let’s hope jurors understand all the arguments too and put personal feelings to one side.

    I didn’t see a lot of evidence that they were having an affair ( just his word) but then I didn’t see evidence they weren’t ( just her word). Maybe we didn’t get to hear everything that was discussed, but I would have assumed the prosecution would have made more of undermining this supposed relationship.
     
    AnnesCuthberts and Edinlass like this.
  5. molly67

    molly67 Well-Known Member

    Messages:
    145
    Likes Received:
    545
    Trophy Points:
    93

    Just wondered what happened to that 'crying suicidal boy' his friend found when he went to check on him after the party ?

    I believe he is a a phsycopath in the true sense of the word - How a 16 year old can hold up in this situation whether be a guilty ot innocent one - I will never know. I believe he is loving this experience and will take it as far as he can - I pray he is found guilty and put in Carstairs and put on suicide watch as I fear that is his plan.

    I believe they have enough evidence now to go with a guilty verdict however I have seen so many not proven verdicts in Scotland that it is keeping me up at night knowing it could be a possiblity.

    Please god there is justice done for this innocent wee girl


     
  6. bronbaby

    bronbaby Member

    Messages:
    27
    Likes Received:
    97
    Trophy Points:
    13
    And/or the location may be close to the accused home, easy to access, an area he knew well that was secluded. IMO
     
    angeldust likes this.
  7. Hhp28

    Hhp28 Active Member

    Messages:
    25
    Likes Received:
    174
    Trophy Points:
    28
    Just wondered what happened to that 'crying suicidal boy' his friend found when he went to check on him after the party ?

    I believe he is a a phsycopath in the true sense of the word - How a 16 year old can hold up in this situation whether be a guilty ot innocent one - I will never know. I believe he is loving this experience and will take it as far as he can - I pray he is found guilty and put in Carstairs and put on suicide watch as I fear that is his plan.

    I believe they have enough evidence now to go with a guilty verdict however I have seen so many not proven verdicts in Scotland that it is keeping me up at night knowing it could be a possiblity.

    Please god there is justice done for this innocent wee girl


    [/QUOTE]

    I agree. The thought of a not proven verdict is what has me nervous. I keep coming back to that DNA evidence that can only be through direct contact though. The accused has attempted to explain away many details (in a pretty juvenile manner, regardless of his confidence) but he says he's never met that girl yet his DNA is all over her. Say we take him at face value with the condom story, what about the fibres that could only be transferred through direct contact? Nothing in his fairytale explains that. I am reassuring myself with this every time I start to worry.

    Agree with the person also who said there's always some people on a jury that won't be convinced for one reason or another. You can't help but worry but deep down I think justice will be served.
     
    sindydee, mrazda71 and Edinlass like this.
  8. Legally Bland

    Legally Bland Well-Known Member

    Messages:
    2,960
    Likes Received:
    5,637
    Trophy Points:
    113
    The court heard police went to the accused’s home after his mother contacted them around 1am on July 3.

    They took evidence from him as a witness as CCTV -appeared to show him leaving their Ardbeg Road house early the previous day.

    His witness statement said his mother called police as she thought his behaviour was “suspicious”.

    He told police he had been drinking with friends at his home and they left at around 12.30am, when he texted people looking for cannabis, met one of his dealers and smoked the drug on the way back, before having a shower.

    His statement said he found out Alesha was missing when Ms McLachlan messaged him and had “never met her in -person”.

    Detective Constable Gavin -McKellar, who took the statement, said the accused appeared -“confident” and was co-operative but did not mention anything about meeting Ms McLachlan.

    'I loved her to pieces' says the woman accused of sordid plot in Alesha McPhail's murder

    BBM.
     
    sindydee, Kasmeer, jiminy and 7 others like this.
  9. HayLouise

    HayLouise Well-Known Member

    Messages:
    5,381
    Likes Received:
    32,289
    Trophy Points:
    113
  10. Alyce

    Alyce Well-Known Member

    Messages:
    7,600
    Likes Received:
    7,903
    Trophy Points:
    113
    I am anticipating only this morning for the Defence - and we may possibly end up with an early day, as I doubt the Prosecution will want to go straight into closing without an overnight to refresh notes etc.
    On that basis, we could have both Closings tomorrow with Judge summing up on Friday and Jury out by Friday afternoon.
    Unless we get a very long Defence Closing ( anyone who followed Helen Bailey case, remember it being over 5 hours )
     
    Ciana, neteditor, bluebird69 and 3 others like this.
  11. Alyce

    Alyce Well-Known Member

    Messages:
    7,600
    Likes Received:
    7,903
    Trophy Points:
    113
    Fairly sure she can apply to have such information removed
     
    Nikynoo, Ciana, Kasmeer and 4 others like this.
  12. Alyce

    Alyce Well-Known Member

    Messages:
    7,600
    Likes Received:
    7,903
    Trophy Points:
    113

    No he finished yesterday - different witnesses today
     
  13. Alyce

    Alyce Well-Known Member

    Messages:
    7,600
    Likes Received:
    7,903
    Trophy Points:
    113

    It might influence one or two of them as it would show more of a link than we are being led to believe is the case, based on TMs testimony.
    However, even if Alesha was targeted because of a link/relationship between TM and the accused, that in no way should be considered as a mitigating circumstance for what he has done.

    Plus the necessary majority required in a Scottish Jury is 8.
    I would think 8 out of a Jury of 15 will be fairly easy to obtain in this case.
     
    Nikynoo, Kasmeer, bluebird69 and 5 others like this.
  14. neteditor

    neteditor Well-Known Member

    Messages:
    809
    Likes Received:
    592
    Trophy Points:
    93
     
    Last edited: Feb 20, 2019
    Legally Bland likes this.
  15. HayLouise

    HayLouise Well-Known Member

    Messages:
    5,381
    Likes Received:
    32,289
    Trophy Points:
    113
    Fraser Knight‏ @Fraser_Knight

    On day seven of the Alesha MacPhail murder trial yesterday the 16-year-old accused, who denies abducting, raping and murdering the child gave evidence. He puts the blame for the 6-year-old's death on her dad's girlfriend Toni McLachlan. Trial cont. Report from @HeartScotNews

    Fraser Knight on Twitter

    (Audio at link)
     
    Alyce and Legally Bland like this.
  16. HayLouise

    HayLouise Well-Known Member

    Messages:
    5,381
    Likes Received:
    32,289
    Trophy Points:
    113
    09:15

    KEY EVENT

    Day seven recap - Boy told court he would "never do something like that"

    The accused teenager yesterday told the High Court he would “never do something like that” - and branded Alesha’s killer an “evil person”.

    The boy told jurors Ms McLachlan “planned” the schoolgirl’s murder - and speculated that the 18-year-old “fantasised” about killing the child.

    The defendant, who cannot be named for legal reasons, claimed he had been “fairly frequently” having sex with Ms McLachlan, the girlfriend of Alesha’s dad.

    Advocate depute Iain McSporran QC told him: “Someone brutalised Alesha MacPhail.”

    The accused said: “It wasn’t me, I would never do something like that.”

    Mr McSporran said: “You raped Alesha MacPhail and your DNA and semen is all over her body.”

    The accused said: “No.”

    Asked about how he thought Ms McLachlan allegedly took Alesha, the boy said: “I think she planned it. She could’ve been fantasising about it for months.”

    Mr McSporran asked the accused if Ms McLachlan ever spoke to him about killing Alesha.

    He replied: “I never spoke to her about Alesha.”

    [​IMG]
    Alesha was reported missing before her body was discovered (Image: Facebook)

    Boy accused of murdering Alesha MacPhail, 6, denies rape
     
    Alyce and Legally Bland like this.
  17. Alyce

    Alyce Well-Known Member

    Messages:
    7,600
    Likes Received:
    7,903
    Trophy Points:
    113
    Just bringing this over from Thread Two ( slightly snipped to make easier reading )


    The judgements of the Human Rights Court have led to changes that place the procedures governing the release of offenders who commit murder when under the age of 18 on the same footing as the procedures governing the release of discretionary life sentence prisoners
    If such offenders are still under the age of 18 at the time of conviction they will be sentenced, in Scotland, to detention without limit of time or, in England and Wales, to detention during Her Majesty's Pleasure.
    Under the terms of the Crime and Punishment (Scotland) Act 1997 the judge must identify the 'designated part' of the sentence to be served in the interests of punishment and deterrence at the time of sentencing and decisions on release are taken by the Parole Board, again with the Secretary of State having no right of veto. The legislation in Scotland differs from that in England and Wales where, under the terms of the Crime Sentences Act 1997, the Home Secretary has retained responsibility for setting the tariff.


    Life Sentence Prisoners in Scotland



    So my understanding from that is the Judge has to give him an actual sentence of X years, but this is subject to - as we would say in England - at Her Majestys Pleasure - and any decision re Parole is made at a time of choosing by the Parole board - ie; he doesn't get - say - 20 years and then can apply for parole. He gets 20 years which may or may not be extended, with or without considering parole.
     
  18. Pooksthebear

    Pooksthebear Well-Known Member

    Messages:
    81
    Likes Received:
    337
    Trophy Points:
    53
    From what I have heard he is guilty as charged. The times don’t match for the cctv of the shadowy figure .. she couldn’t possibly have met the accused, had a cigarette, had sex, gone back for Alesha and been caught on cctv within 30 mins. Also...if that was her caught on cctv at 2.26am ...like he is trying to make out ..what was he doing for the other hour as he didn’t get home till 330am!
     
  19. HayLouise

    HayLouise Well-Known Member

    Messages:
    5,381
    Likes Received:
    32,289
    Trophy Points:
    113
    09:42

    Teen denied being "confident liar"

    During yesterday’s proceedings, the teenager denied being a “confident liar”.

    He said he “lied” to his mother and the police about what he did on July 2 - the day Alesha was reported missing and later found dead - out of concern for Ms McLachlan.

    He said he did not want to tell them about having sex with Ms McLachlan that night as he feared it would get back to her boyfriend, Robert or ‘Rab’ MacPhail.

    The accused told the court that after having sex, he and Ms McLachlan chatted for a while.

    [​IMG]
    Alesha's dad Robert MacPhail and his girlfriend Toni Louise McLachlan are pictured arriving at the court last week (Image: Getty Images)
    Afterwards, he claimed he went home and had a shower.

    He said he then realised he did not have his phone and went outside to look for it, but it was too dark so he came back to get a torch and shoes.

    He went out again and managed to find it then came home and went to bed, the court heard.

    He said this explained his movements captured on CCTV footage at his home.

    Boy accused of murdering Alesha MacPhail, 6, denies rape
     
    Legally Bland and Alyce like this.
  20. bronbaby

    bronbaby Member

    Messages:
    27
    Likes Received:
    97
    Trophy Points:
    13
    I agree. I know people use animals as an excuse as it’s so vile what some humans do. For example a pig : pigs are wonderful beings. The truth is, humans can be evil.
     
    Ciana, Kasmeer, TaylorCallum and 6 others like this.
Thread Status:
Not open for further replies.

Share This Page



  1. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register.
    By continuing to use this site, you are consenting to our use of cookies.
    Dismiss Notice