UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #4

[404_notfound]

The disgrace here is this pantomime of him having anonymity.

Who is this protecting?

The little girl and all of her family have had their names thrown into the public domain and all because this little rat thought that he was more clever than any lawyer or jury.

He could have saved lots of agony for that family by growing some spine and facing what he had done.

Instead he used the opportunity to heap more pain upon them.

The idea that anyone would wish to protect him in any way is beyond me.

Surely this crime must be so revolting that it simply cannot be in anyones interest to leave him unidentified because whether people like it or not, i have a feeling that he may well be back on the streets one day in the future.

No protection should ever be afforded to anyone who has behaved that way.

If he is old enough to rape,murder and grandstand in court...then he should be man enough to put his name to his actions.

This is not from a personal curiosity viewpoint Btw....i already know who he is.

It may perhaps to be to protect his sister and mother as well at this point? Although even that seems farcical as i think most people reading facebook in the days following the murder know exactly who he is. I think that regardless of whether or not the press are allowed to name him by the judge after consideration tomorrow they will certainly lift the ban when he turns 18. I also think he will be handed down a very lengthy sentence, probably with a lifelong component beyond the one of being on the sex offender's register for life.

 

[Bampot]

@Ciana please have faith that twitter is not the absolute representation of the Scottish legal system

 

[Tiny]

Thanks so much for the updates. I cannot get over a 16 year old did what he did. I hope Georgina gets lots of support. Just heartbreaking.

 

[HayLouise]

WATCH: As a 16 year-old boy is found guilty of the abduction, rape and murder of six year-old Alesha MacPhail @itvnews' @PeterAdamSmith & The

@guardian ’s @libby_brooks reflect on the harrowing nature of the trial.


Catch up on the STV Player: Scotland Tonight #scotnight

ScotlandTonight on Twitter

(Video at link)

 

[Ciana]

My gut feeling is that H.H. during the course of legal argument tomorrow (reported to be at 10am) will agree to dismiss the Non-Publication Order re the identity of the prisoner. I do think that the prisoner will be sentenced to a very long sentence indeed, it is likely to be an indeterminate sentence. His wording upon conviction was very strong and this, to me, is a strong indicator of what will be passed down on 21st March.

 

[HayLouise]

Amidst the disturbing details of this murder, Alesha MacPhail’s family & the community on Bute are trying hard to refocus on remembering this little girl & the joy she brought in her short life.


As her mum said, a 6 year-old who shone as a “beautiful, happy, smiley wee girl.”



Peter A Smith on Twitter

 

[HayLouise]

Full report on @BBCR1 after an 'evil' teenage boy is found guilty of abducting, raping & murdering an innocent little girl on a small Scottish island. #AleshaMacPhail

Connor Gillies on Twitter

(Audio at link)

 

[Legally Bland]

Two things that I am confused about; where H.H., in his directions to the jury before they went out to deliberate, informed them that they didn't have to consider the issues of abduction and rape. It was pointed out to me by better informed Sleuthers that in Scots Law, only penile penetration is recognised as rape (as opposed to digital or via an implement). Okay thus far, I get that. It then appeared to me that there had been agreement with counsel and H.H. that that particular part of the Indictment was to be no longer deliberated upon. I found this most odd, as it had been a pertinent part of the Indictment, according to MSM. Sometimes, during a trial there is permission to amend the charge/s of an Indictment, (for instance in this case, changing the indictment to wording such as "sexual assault", or such wording to take into consideration that it may have been an implement which had been used as my understanding is that that aspect had never been clearly established (to the general public via MSM at least). As for the abduction part - I did find that odd that they were told that they did not have to deliberate on that, either. I thought that perhaps it had been had been agreed that as no actual evidence had been provided to substantiate the abduction of Alesha from the flat, (lack of any physical evidence INSIDE the flat) and that she may have left via other means (unknown) that this had also been amended during the course of the trial. I thought that under those circumstances, the jury would most probably find the then-accused guilty as charged, as his DNA evidence found at the scene was very compelling to say the least and that if they only had to deliberate on that one charge, then it would help them immensely to come to a swift conclusion of guilt. I came in today and switched on the news and heard the verdict of guilty, ( to murder) together with the charges of rape and abduction. Perhaps I have got the wrong end of the stick and misunderstood what had been recorded in the tweet from the reporter re H.H.'s instructions to the jury prior to their deliberations. Can someone clarify this for me, please? Thanks in advance.

You've lost me. A quote and link would be helpful.

 

[Yenriac]

Not entirely sure, my best guess would be
Newspapers make their case for being able to reveal name of murderer
Murderer's QC makes the case for him being allowed to keep his anonymity
Judge says he will consider the matter and rule at a later date - sometime before March 21.

Just letting my mind run away here, does anyone think the person convicted wants to remain anonymous? I've been watching the news all day and according to the journalists this person was very confident, interested in the whole trial, listened intently, very calm on the witness stand and showed no emotion whatsoever. As opposed to witnesses who were obviously emotional and nervous. Police officers who had been in the job years were weeping, the pathologist was also emotional.

I think (maybe overthinking) he would like his name in the media if he had the choice, i think he might like the idea of his notoriety and media saying his name. That might change if it's released though.

I might be wrong.

 

[Bampot]

I think the discussion should be what is public interest. I think it is in the PI to name him. My friends say he will be in jail, not a threat, not in the PI.
What is public interest?

 

[mrazda71]

Not entirely sure, my best guess would be
Newspapers make their case for being able to reveal name of murderer
Murderer's QC makes the case for him being allowed to keep his anonymity
Judge says he will consider the matter and rule at a later date - sometime before March 21.

I wouldn't be surprised if the convict himself asked, no ... demanded! That his identity be made public... unless, he's not feeling quite so self assured now.


I was relieved this afternoon to hear the guilty verdict, even more reassured by the unanimous vote by all 15 jury members.

But, almost instantly, that relief just turned to sadness ... none of it brings Alesha back.

I WANT to try and understand WHY he did this. I'm aware of background having an influence but this is just too too horrible.

And more horrible is his apparent enjoyment of the whole trial process!

My brain and my heart hurts in equal measure.

 

[Yenriac]

I think the discussion should be what is public interest. I think it is in the PI to name him. My friends say he will be in jail, not a threat, not in the PI.
What is public interest?

Yeah i understand what your friends mean. If he's locked up the threat is gone.

 

[Taskforce88]

It may perhaps to be to protect his sister and mother as well at this point? Although even that seems farcical as i think most people reading facebook in the days following the murder know exactly who he is. I think that regardless of whether or not the press are allowed to name him by the judge after consideration tomorrow they will certainly lift the ban when he turns 18. I also think he will be handed down a very lengthy sentence, probably with a lifelong component beyond the one of being on the sex offender's register for life.

I didn't even go looking for his name, however just hours after he was detained by police it was getting posted on Facebook by folk on Bute. Hopefully his sister gets all the help and support she needs.

 

[LittleMystery]

Okay I didn’t see this coming.

Seems the guilty party’s mum is talking to the media.

Mum of Alesha MacPhail's brute murderer 'heart sunk' as her CCTV caught him

 

[Yenriac]

I wouldn't be surprised if the convict himself asked, no ... demanded! That his identity be made public... unless, he's not feeling quite so self assured now.


I was relieved this afternoon to hear the guilty verdict, even more reassured by the unanimous vote by all 15 jury members.

But, almost instantly, that relief just turned to sadness ... none of it brings Alesha back.

I WANT to try and understand WHY he did this. I'm aware of background having an influence but this is just too too horrible.

And more horrible is his apparent enjoyment of the whole trial process!

My brain and my heart hurts in equal measure.

I agree with this, sounds like you were thinking along the same lines as me.

 

[Yenriac]

Okay I didn’t see this coming.

Seems the guilty party’s mum is talking to the media.

Mum of Alesha MacPhail's brute murderer 'heart sunk' as her CCTV caught him

I seen something like this on Twitter. A bit ghoulish IMO

 

[Taskforce88]

Yeah i understand what your friends mean. If he's locked up the threat is gone.

I suppose you could argue that it is in the public interest to identify him and perhaps expose the past so to speak. Protection for his sister must be paramount however.

 

[mrazda71]

I agree with this, sounds like you were thinking along the same lines as me.

We posted almost the same thing eh

 

[404_notfound]

Just letting my mind run away here, does anyone think the person convicted wants to remain anonymous? I've been watching the news all day and according to the journalists this person was very confident, interested in the whole trial, listened intently, very calm on the witness stand and showed no emotion whatsoever. As opposed to witnesses who were obviously emotional and nervous. Police officers who had been in the job years were weeping, the pathologist was also emotional.

I think (maybe overthinking) he would like his name in the media if he had the choice, i think he might like the idea of his notoriety and media saying his name. That might change if it's released though.

I might be wrong.

I think this is a complex question. The inference given is that he murdered her because he couldn't face that he'd raped her. This does happen. Some criminals are hardened or get off on their crimes, but others suffer PTSD at the acts they've committed and some DO enter a state of denial very deep and thorough in order not to recall/face up to what they did. If that is the case for him it's hard to know how he sees himself. He may have completely convinced himself it didn't happen and he didn't do it, in which case if he can maintain it i think he will want anonymity because it helps him maintain the veneer of being an innocent child now awaiting appeal for his miscarriage of justice.

On the other hand the innocence plea may just be part of an "i'm a good lad really" act he's putting on because he's a narcissist, all the while secretly enjoying the hurt he has inflicted (and plenty in the trial points to this just as much to him being in post traumatic denial), in which case he might enjoy the idea of notoriety.

It will make very little difference to his day to day life. Every member of staff involved with him and every prisoner he is in with will know who he is and what he's done no matter what the judge decides, and i doubt he is too concerned about what will happen to his relatives given he took the stand and said his mother is an alcoholic.

 

[Yenriac]

We posted almost the same thing eh

Yeah