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

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Was the boy's claim that he had sex with TM known to the prosecution before the trial? It seems to me that this was an "ambush" defence (made famous by the notorious James Hanratty case in 1962), which was outlawed years ago. If the prosecution didn't know that this would be the boy's defence then the DNA experts wouldn't have known to look for evidence of spermicides etc. on the victim's body.
 
Gallicrow said:
Was the boy's claim that he had sex with TM known to the prosecution before the trial? It seems to me that this was an "ambush" defence (made famous by the notorious James Hanratty case in 1962), which was outlawed years ago. If the prosecution didn't know that this would be the boy's defence then the DNA experts wouldn't have known to look for evidence of spermicides etc. on the victim's body.
Click to expand...

Apparently no, the defence only lodged the special defence at the beginning of the trial (or just before) but certainly not months in advance. I think there should be a cut off point to put forward a special defence, it doesn’t seem fair that after having seen the prosecutions case the defence can then put forward a special defence at any time.
 
Gallicrow said:
Was the boy's claim that he had sex with TM known to the prosecution before the trial? It seems to me that this was an "ambush" defence (made famous by the notorious James Hanratty case in 1962), which was outlawed years ago. If the prosecution didn't know that this would be the boy's defence then the DNA experts wouldn't have known to look for evidence of spermicides etc. on the victim's body.
Click to expand...

It appears it was only known to them on day 1 of the trial.
 
I’ve just been browsing (stalking) and found the accused defence barrister on twitter @BMcconnachieQC

Seems he’s got a daughter who’s a similar age to alesha, he regularly posts pics. I imagine it must be awful to Have to defend people like the accused.
Obviously most of the time the crimes aren’t as depraved and horrific as this.. but I actually feel bad that he’s legally obliged to defend this utter . He must hate it.
 
Surely that is exactly the same as an ambush defence. How can the prosecution prove that TM was not involved if they did not know to look? Surely the prosecution can oppose this and also ask why it took 7 months for this ‘alibi’ to be mentioned?
 
Intimate sample:

'Intimate sample' means - (a) a dental impression; (b) a sample of blood, semen or any other tissue, fluid, urine or pubic hair; (c) a swab taken from a person's body orifice other than the mouth. A swab from the mouth is now treated as a non-intimate sample (amended by the Criminal Justice and Public Order Act 1994).
 
A couple of things that are confusing me. Not sure there are even answers for them. If we “go along” with the special defence as if playing devils advocate....
The accused states he had sex with TM the night before Alesha was murdered - so the day before the party? Firstly where would TM have stored this condom for the 24 hours until Alesha was murdered? Also given the brazenness that the accused has shown on his Snapchat, are we to believe he wouldn’t be bragging to his friends about having had sex with TM the night before and then coincidentally Alesha goes missing?
Also TM DNA was not found on Alesha’s body? So surely that discounts the special defence?
 
Coconutmilk said:
A couple of things that are confusing me. Not sure there are even answers for them. If we “go along” with the special defence as if playing devils advocate....
The accused states he had sex with TM the night before Alesha was murdered - so the day before the party? Firstly where would TM have stored this condom for the 24 hours until Alesha was murdered? Also given the brazenness that the accused has shown on his Snapchat, are we to believe he wouldn’t be bragging to his friends about having had sex with TM the night before and then coincidentally Alesha goes missing?
Also TM DNA was not found on Alesha’s body? So surely that discounts the special defence?
Click to expand...

It is my understanding that it was the night Alesha was killed that the accused claims he had sex with TM.
 
Fraser Knight‏ @Fraser_Knight

Mr Baillie says there was no traces of blood on any of the swabs taken from taps and door handles at the accused’s home. There was also no DNA samples which could be connected to Alesha MacPhail from his house.

Fraser Knight‏ @Fraser_Knight

Under re-examination the forensic scientist says there was no identifiable trace of the accused boy on door handles or taps either.

bbm

Fraser Knight‏ @Fraser_Knight

Crown case is closed.
 
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