UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -teen arrested

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

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  1. Tortoise

    Tortoise Well-Known Member

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    I think sexual assault of a 6 year old is so specific an offence as to make it less of an opportunistic act. IMO.
     
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  2. Joannieanderson

    Joannieanderson Active Member

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    I think he planned to go in for alesha. Would you really risk going in and waking up the grandparents the dad and GF and alesha for some dope? I think he knew where she was sleeping and went in with the knife to threaten her and take her
     
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  3. neteditor

    neteditor Well-Known Member

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    That is an excellent point.
     
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  4. LittleMystery

    LittleMystery Well-Known Member

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    I’m not in anyway discrediting the crime by not being entirely sure of intent at the minute. I hope they lock him away for a very long time.

    But in the same point as yours, if we are being led to believe it was some form of retaliation, sexual assault of a 6 year old is a very specific offence.

    If it was just to satiate urges, then why Alesha?

    There’s obviously still a lot to come forward.
     
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  5. HayLouise

    HayLouise Well-Known Member

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    2. It is a notice to the Crown of the specific position taken by the accused. It does not impose any burden of proof on the accused nor dies it alter the requirement that the prosecution prove guilt.

    ssc.president on Twitter

    3. A jury is perfectly entitled to disbelieve a special defence and also to conclude that the prosecution has not proved its case. The accused is not even required to lead evidence in support of the special defence.

    ssc.president on Twitter
     
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  6. Alyce

    Alyce Well-Known Member

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    How odd... I can understand the part about the Jury being allowed to discount this defence...but I find it completely bizarre that the defence can put forward this claim but are not then obligated to provide any proof for their accusation.
     
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  7. Ironside

    Ironside Well-Known Member

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    In fairness her Dad wasn't some Eastenders type massive dangerous drug dealer. It sounds like he was just selling a bit of low quality cannabis here and there. Most small time cannabis dealers aren't crazed violent criminals and you certainly wouldn't need to be armed with a knife to be around them.

    I really think this all developed from some massive grudge the accused had against the dad and girlfriend combined with whatever insane sexual urges the accused had.
     
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  8. LittleMystery

    LittleMystery Well-Known Member

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    I don’t watch Eastenders so I wouldn’t know. I am pretty familiar with the behaviour of drug dealers in Scotland though and drug dealers, small or big time tend to be pretty protective of their stash as stash = money. I didn’t mean to be around them, I meant to break into their house. Also, this is a 16 year old breaking into the house of adults, it’s quite possible he felt he needed protection because of that.

    Anyway this is all speculation. All I said was I would need to know more before I could be certain his intention on entering the house was for Alesha.

    Whether it was or it wasn’t, he still had to have the capacity to carry out what he did.
     
  9. Ironside

    Ironside Well-Known Member

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    Right I've been thinking about the special defence. I think the accused may have been advised to go for this to sow some seeds of doubt in the jury's heads - probably his only chance of getting off with it. Coming from the defences point of view an unrelated person in close contact with the child who is known for dealing drugs was watching porn at night just metres away from the child, it does sound a bit dodgy.

    My worry is that the forensics are perhaps weak and this defence could work.
     
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  10. LittleMystery

    LittleMystery Well-Known Member

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    It is confusing how this would benefit him though. Isn’t the Dad a straight-up alibi then?

    I was wondering if more is to come. Like the suspect is going to say he was coerced into it by the person they have named.
     
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  11. Ironside

    Ironside Well-Known Member

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    I think you could be right. It's a "wicked stepmother" defence.
     
  12. Taskforce88

    Taskforce88 Well-Known Member

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    So the person that was named was 'nearby', but wasn't watching porn with the father?
     
  13. Ironside

    Ironside Well-Known Member

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  14. Jason-d-h-1990

    Jason-d-h-1990 Member

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    What I am trying really hard to fathom is how the accused managed to know that he would be able to access the house, who slept where and that he would manage to get access to the poor child and take her without waking anyone as the father states accused never entered property?
     
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  15. Taskforce88

    Taskforce88 Well-Known Member

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  16. Taskforce88

    Taskforce88 Well-Known Member

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    I see the woman has been named, I'm trying to catch up
     
  17. mrazda71

    mrazda71 Well-Known Member

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    The defendant who raped and murdered Viktoija Sokolva in Wolverhampton - tried this defence by casting doubt on the step Dad (she had Step dad DNA semen trace on her clothing) and Mother. Thankfully the jury saw through it and found him guilty - step Dad was never suspected by police and his sentencing is on Feb 22nd ...

    I think this boy needs locking up for a whole life sentence along with Viktorijas 16 year old killer.
     
    Last edited: Feb 12, 2019
  18. dotr

    dotr Well-Known Member

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    Curious if the accused looks similar to AM?
     
  19. mvadhia

    mvadhia New Member

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    Sibling rivalry
     
  20. HayLouise

    HayLouise Well-Known Member

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    LISTEN: My full report for @HeartScotNews on the first day of evidence in the Alesha MacPhail murder trial in Glasgow.


    The 16-year-old accused of raping and murdering the child last July on the Isle of Bute continues to deny the allegations. The trial will continue tomorrow.

    Fraser Knight on Twitter

    (Audio at link)
     
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