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

[truthseeker1975]

As far as I know the locals are not punishing the mother and sister. I live here and so far I have only heard nice things said since about the family (excluding the accused), so I don't think any of the locals have caused them to move out (if they have moved- I don't know if they are still here or not). If they have left it will be because it would have felt very difficult for them to go out and about and face everyone knowing what has happened. A very uncomfortable situation for them to deal with.

I think you hit the nail on the button

 

[truthseeker1975]

When a crime this bad happens, and rarely it does, theres never just the murderer or victim that gets affected, everyone else close to them gets affected also

 

[HongKongPhooey]

I understand from friends on the island that journalists have allegedly been causing a nuisance on the island this weekend. Trying to track down friends of the accused apparently amongst other things.

 

[Kikixxxx]

Off topic but I think the mums cctv evidence is so crucial. Obviously we haven’t heard the dna evidence yet but if it wasn’t for his mum viewing the cctv and calling the police, would he have ever been a suspect or questioned? Sometimes if a killer isn’t caught they will do random dna tests to men in the area but I doubt that they would include 16 year olds and under in that. It makes you wonder doesn’t it? Imagine she had deleted it or something. Would we be where we are today if she had?

 

[HongKongPhooey]

Off topic but I think the mums cctv evidence is so crucial. Obviously we haven’t heard the dna evidence yet but if it wasn’t for his mum viewing the cctv and calling the police, would he have ever been a suspect or questioned? Sometimes if a killer isn’t caught they will do random dna tests to men in the area but I doubt that they would include 16 year olds and under in that. It makes you wonder doesn’t it? Imagine she had deleted it or something. Would we be where we are today if she had?

Not sure. Remember TM apparently received messages that morning saying the accused was responsible. Where did that info come from? Not his mum I'm guessing

 

[Legally Bland]

Some things just can't be discussed. They are either rumour, or if backed up by a link would identify the accused.

I know it's frustrating but can we please try and keep the thread open for trial updates.

The next few days should reveal a much clearer picture.

 

[truthseeker1975]

behind the bus station was where she was found, the accused would not have to have gone to a beach or past any houses to get back to her, luckily he never got the chance

 

[AM12]

Plot thickens . Looking forward to hearing the updates from trial . Would be interesting to know what sort of boy he is as his life is over if convicted and a good chance of that. Might be a lenient sentence though as so young but would be difficult to return to stay in such a small community with such a stigma . Maybe some of his friends might forgive him . About as bad as Bulger case . Would not think it would happen in a place like that. Used to go holidays there and often played on that very beach. Had a holiday house just along from Mcphails house and was a very happy place that was ideal for children . Could roam free without fear of something like this happening.

 

[Taskforce88]

Plot thickens . Looking forward to hearing the updates from trial . Would be interesting to know what sort of boy he is as his life is over if convicted and a good chance of that. Might be a lenient sentence though as so young but would be difficult to return to stay in such a small community with such a stigma . Maybe some of his friends might forgive him . About as bad as Bulger case . Would not think it would happen in a place like that. Used to go holidays there and often played on that very beach. Had a holiday house just along from Mcphails house and was a very happy place that was ideal for children . Could roam free without fear of something like this happening.

The holiday house wasn't prospect house by any chance? My grandparents used to rent it some summers and we used to visit them.

 

[Neko Luna Moon]

I’m Pretty sure Scottish Law doesn’t allow any previous convictions to be discussed when up for something totally separate.

Long time lurker...
When I was on the jury at the Glasgow High Court for a murder trial we didn’t find out that the accused had only been out of jail for 3 months for stabbing someone before he stabbed his “friend” to death until after the verdict and he when he was being sentenced which they did immediately after the verdict.

 

[LittleMystery]

If the call was made from someone else’s FB, it throws up two things- one he had genuinely lost his phone, but more importantly how do you prove it was him phoning? However going back through MSN I think it was all through his account.

Sorry to jump back a little but we know the call came from his FB to TMc based on the transcript released in court. TMc tried calling him back in the morning and he didn’t answer then messaged her from his FB saying “doesn’t matter”.

Messages boy accused of six-year-old's rape and murder sent after she vanished

There was reports early on that a message had been sent from sister’s FB. Will look for the link again.

 

[stephaniejanes]

Long time lurker...
When I was on the jury at the Glasgow High Court for a murder trial we didn’t find out that the accused had only been out of jail for 3 months for stabbing someone before he stabbed his “friend” to death until after the verdict and he when he was being sentenced which they did immediately after the verdict.

That's right - I stated in the other thread I had been a prosecution witness in a high court trial with Iain McSporran. I recall once the accused was found guilty his past convictions and prison sentences were made public by the judge. Mind you, the accused in that case was in his late 30s so unsure if any childhood past dealings would be made public by the judge - particularly if only accusations without charges and convictions etc.

 

[Taskforce88]

We can't discuss people who have not been mentioned and who have not been before the court

 

[stephaniejanes]

We can't discuss people who have not been mentioned and who have not been before the court

Agreed, it's not really fair to raise hypotheticals on a public forum about family of the accused (other than the statements made in court).

 

[embro68]

There was reports early on that a message had been sent from sister’s FB. Will look for the link again

I think that what was said was that on other occasions the accused would message via his sister's facebook but nothing about that being the case on the night

his father shall probably come into it next week to try and soften the sentence

If the accused is found guilty sentencing will not happen next week, the judge will pass the sentence about a month later after background reports etc are done. These reports dont get read out loud in court and are not made public knowledge. However the defence presenting any mitigating circumstances can be published. Saying that I dont see an apparently absent father being a mitigating factor in a crime like this.

 

[LittleMystery]

I think that what was said was that on other occasions the accused would message via his sister's facebook but nothing about that being the case on the night



If the accused is found guilty sentencing will not happen next week, the judge will pass the sentence about a month later after background reports etc are done. These reports dont get read out loud in court and are not made public knowledge. However the defence presenting any mitigating circumstances can be published. Saying that I dont see an apparently absent father being a mitigating factor in a crime like this.

McSporran asked: “Were you aware of any attempted contact by the accused on July 2?

MacPhail replied: “Not until I started looking in the morning.

“He sent messages from his and his sister’s account looking for cannabis.”

Four contacts were made through Facebook messenger at 1.39am and 1.40am with the witness agreeing one message was asking for cannabis.

Found the article. It was referring to that night. RMc testified that he had been contacted via the accused and his sisters profile on the 2nd July.


Alesha MacPhail's dad sold drugs to teen accused of six-year-old's murder and rape

 

[angeldust]

Where is Skeoch woods ?

 

[TaylorCallum]

Forgive my ignorance but do you think there is any chance that if the accused is found guilty he could actually be sent to a psychiatric institute instead of prison?

I suppose he would have lodged a plea of not guilty by reason of insanity if he was planning on going down that route, so it doesn't seem likely but I'm wondering - given the severity of the crime and his young age, coupled with what we've learned about his apparent mental health problems such as feeling a desire to self-harm and having a history of drinking and doing drugs at a young age - if a psychologist evaluates him he may be sent for psychiatric treatment?

 

[angeldust]

Just noticed the accused claims he went through Skeoch woods on way to Rothsey to avoid police and get weed. Now is he trying to mitigate the the fact that he has debris on his trainers or clothes that could attributed to the same type trees in both areas ie. where alesha was found and the other woods you know getting it in there he’s been in the woods. But not the woods where she was found .... devious mentioning it as most people probably walk these areas but he’s getting his “alibi” in jmo

 

[LittleMystery]

Forgive my ignorance but do you think there is any chance that if the accused is found guilty he could actually be sent to a psychiatric institute instead of prison?

I suppose he would have lodged a plea of not guilty by reason of insanity if he was planning on going down that route, so it doesn't seem likely but I'm wondering - given the severity of the crime and his young age, coupled with what we've learned about his apparent mental health problems such as feeling a desire to self-harm and having a history of drinking and doing drugs at a young age - if a psychologist evaluates him he may be sent for psychiatric treatment?

This might help you find the answer you are looking for.

https://www.mwcscot.org.uk/media/73..._involved_in_criminal_justice_proceedings.pdf

From my understanding, the court can direct that you be detained in hospital if they are concerned about your mental health if you are found guilty but would need two doctors recommendations to do so.

Personally I think, if he is found guilty, he will go into Young Offenders and then a special unit, possibly Shotts.