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

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It seems from the court transcripts that RM appears to be anything but clear about those specific details. If the prints are in a communal stairwell i suspect the defence will easily be able to argue the point i made in my previous post. If they were found on an internal staircase between levels two and three then yes that is quite different, BUT, is it possible the accused could have visited the house previously for another reason, or without RM's knowledge ?

It's an internal spiral staircase which goes from the back door on the ground floor to the door of the McPhail flat on the first floor.
Far as I know, there is only their flat on the first floor of the building, therefore that stairwell is private to them.
From the court transcript, the handprint was found between step 10 and step 14, on the chair rail.
However, if the main ground floor door was often left open/unlocked then I agree with you that Defence can argue that this handprint could have been left at another time. It is, apparently, very difficult to *time date * a handprint.
I also agree that RM was not clear about the detail re the accused and how much access he had ever had to the building.
 
I've also watched both videos several times and can't see anything.

I don't think this was pre-meditated or planned, i think this was impulsive or maybe the act was premeditated and the victim chosen upon impulse?

I might be havering here so correct me if I'm wrong but did RM confirm the accused had never had any contact with Alesha?

I think there is so much more to this, is it possible he never acted alone? Forgive me if this has already been highlighted just catching up on bits while at work over the weekend.
 
I've also watched both videos several times and can't see anything.

I don't think this was pre-meditated or planned, i think this was impulsive or maybe the act was premeditated and the victim chosen upon impulse?

I might be havering here so correct me if I'm wrong but did RM confirm the accused had never had any contact with Alesha?

I think there is so much more to this, is it possible he never acted alone? Forgive me if this has already been highlighted just catching up on bits while at work over the weekend.


but did RM confirm the accused had never had any contact with Alesha?


I don't remember him saying anything about that during his testimony - so either he was not asked the question, or that part of his testimony has just not been made public.
 
I'm scottish and if the door was unlocked I'd say I left the door open. People do leave their keys in doors once they've locked it, for ease of opening the next morning I suppose.

I just googled why shouldn't you leave your key in the door and it said burglars can get in no problem. But they want to get out through a door....that makes sense here...unfortunately...
 
I'd like to echo the opinions put forward by dottyl and gc105. While difficult to understand, with admittedly limited information, this is not an impromptu crime such as a teenager using a credit card found on a table to purchase video games and expensive sneakers. This is a sadomaschistic sexual assault, torture and murder. One of the most heinous crimes that an individual can commit. This takes forethought and planning to carry out. Why would he seem to boast about his "accomplishment" if it was that easy to do? This was not just a lucky break of finding a door open. He knew the door was routinely left open and made his plan accordingly.
 
I always leave my keys in the door when it's locked. I assumed it was the safest thing to do incase there was a fire and you ever needed to get out quickly.
 
Someone mentioned this parkour and the possibility he climbed the house and into a window. And then the key is in the door so he was able to get out with alesha. That makes some sense to me.

Is the door with the key in it on the ground floor at the bottom of the staircase? Or is the door with the key in at the top of the staircase?
 
Someone mentioned this parkour and the possibility he climbed the house and into a window. And then the key is in the door so he was able to get out with alesha. That makes some sense to me.

Is the door with the key in it on the ground floor at the bottom of the staircase? Or is the door with the key in at the top of the staircase?


Good point. I hadn’t thought of that. And we aren’t sure but I think in the door to the home so at the top.
 
I always leave my keys in the door when it's locked. I assumed it was the safest thing to do incase there was a fire and you ever needed to get out quickly.

Check the small print of your insurance documents! If anything happens -break in - and you've left keys on the inside of the door OR within arms length of the door - they won't pay out.
 
but did RM confirm the accused had never had any contact with Alesha?


I don't remember him saying anything about that during his testimony - so either he was not asked the question, or that part of his testimony has just not been made public.

Just went back through all the Twitter updates, it doesn't look like he was asked that question. So RM never confirmed that. He only confirmed the accused was never in the house. Sorry
 
One of the girls who is friends with the accused said on Friday when she was in the witness box “he was chipping in what he thinks might of happened to alesha in the snapchat group all day” - but I’m not sure it was reported or asked what he had said.. I wonder if he dropped some subtle hints to what might have actually happened in the Snapchat group...
 
I dont think RM confirmed if accused had met Alesha, however my understanding is that when asked to identify the accused and how he knew him he said he knew him from selling cannibus to him.
If the accused knew Alesha or there was a connection between him and TM, then surely RM would have identified the accused as FOR EXAMPLE my girlfriends cousin or whatever connection people are thinking there is.
This could be not getting reported on though of course to prevent identifying the accused.
 
Do not underestimate the accuseds hatred of rab macphail. Rab is one of lifes low achievers and for him to have got one over on the accused (ripping him off) could have led to a brewing resentment, a posh schoolboy may adopt the mindset "how dare a piece of lowlife scum think they can rip me off, i'll put them in their place" and then just lose it completely under the infuence of drink
 
Adding a few notes about sentencing

Indeterminate sentences
These are sentences that do not have a set end point, such as a life sentence. However, the judge will set a punishment part for such sentences which is the minimum time an offender must spend in prison. After that time, they can be considered for release on licence by the Parole Board for Scotland. Each time release from prison is not recommended, it will be reconsidered within two years.


Life sentences
Life sentences must be given for murder under the law, but they can also be given for other extremely serious offences such as repeated rape. If a person is sentenced to life imprisonment, the judge must, by law, set a punishment part of the sentence. This is the minimum time the person must spend in prison before they can be considered for release into the community by the Parole Board for Scotland. Depending on the circumstances of the case, the punishment part can be lengthy.
To date, the longest punishment part given in Scotland is 37 years. If a person sentenced to life imprisonment is released into the community, they will be on licence for the rest of their life and can be recalled to prison if they breach the terms of their licence.

BBM

Scottish Sentencing Council Prison sentences
 
I'd like to echo the opinions put forward by dottyl and gc105. While difficult to understand, with admittedly limited information, this is not an impromptu crime such as a teenager using a credit card found on a table to purchase video games and expensive sneakers. This is a sadomaschistic sexual assault, torture and murder. One of the most heinous crimes that an individual can commit. This takes forethought and planning to carry out. Why would he seem to boast about his "accomplishment" if it was that easy to do? This was not just a lucky break of finding a door open. He knew the door was routinely left open and made his plan accordingly.

There was certainly a degree of planning, but he could have been caught at any time, if someone had woken up, a car passing by, someone out walking, looking out a window etc. There was a degree of luck too.

Also, his mindset in the hours before was disturbed. Threatening self-harm etc.
 
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