UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #3

[404_notfound]

I think the (lack of) social media evidence was probably better than we have seen proof of in the media. Anything directly quoted in court from a social media site can be typed into a search engine verbatim and will link to the original post and therefore potentially identify the accused so the media were probably told not to publicise much of it. The police have been building their case since last July, and have had his phone since then. The island police might perhaps not be well placed to investigate social media but there ARE experts in Police Scotland who can do so and given the circumstances there's no way they gave this one to the beginners to handle! It is just a fact that Instagram doesn't save data the way other places do, as it is a fact that WhatsApp is encrypted in ways that can make recovery difficult. It's very difficult to prove something that doesn't exist never did, in a place where it can't be re-accessed anyway. The defence is fine to say the Crown didn't prove the messages never existed, but they didn't prove they DID exist either.

Another thought, regarding DNA... My neighbour is a CSI, she was not involved in this case. She says they swab all injuries and various other "key areas" (which relate to both general assaults and the specific attack the victim has suffered) and check the DNA which comes up against any known POI and all of those close to the victim. From that they can build a picture of who's DNA is where. For example, you might expect to find a small amount of skin DNA from a parent on the face or hands - places where a parent might touch a child. Likewise there are places where DNA tells a story, like over a bruise or injury, of how and by whom the injury was inflicted. So it seems likely that the Crown had no suspicion of TM because the DNA found on the body didn't cast any suspicion her way.

 

[Cherwell]

Katie Rough did go to trial, but she was 15 and after being assessed for 12 weeks she was diagnosed as schizophrenic. Due to age, mental state and other factors there was pretty much a media blackout.

Just for accuracy (and I'm sure you meant to write "the Katie Rough case", Katie being the victim), there was no trial as the other girl admitted causing Katie's death.

 

[Ciana]

How will that work re the legal arguments? I'm on a learning curve here.

Both closing addresses have now been delivered. As someone else, I think it was Alyce, mentioned, they were relatively brief. In many trials (perhaps not this one as it seems to be zipping along rather swiftly), there can be legal discussions from counsel in the absence of the jury re judge's summing up re certain things that they would like to be pointed out to the jury. This can take some time, or it may not even happen at all. The summing up may not take that long, but the judge will provide a brief outline of the case put to the jury by each party (prosecution and defence) and raise any points which he may find relevant whilst remaining impartial. There is all the usual procedural bumpf that the judge is obliged to mention in every single case. The jury is then sent off to deliberate. Who knows what they are thinking or how long this may take. When they eventually return with their verdict the judge's associate then takes that verdict from the foreperson. If the accused is found guilty, then the prosecution is allowed to raise certain matters before the jury (that's how it happens in Australia, I was a judge's associate in court of N.S.W. for 17 years), and if, as some have hinted at, that this particular accused has a "history" that is then permitted to be revealed now that the verdict is in, if that verdict is one of guilty. I am glad that I am not on this jury. I have very mixed feelings about so much of it. I honestly feel that there is so much more to this case. The dna is a concern, to be sure. However, I have sat on a trial where it has been found that dna was transferred deliberately to frame that accused. I know for a fact that juries are never privy to the whole of the evidence in a trial as it would prejudice the case for the accused or sometimes cast doubt on certain statements/evidence for the prosecution. My wish is that dear wee Alesha is safe and well now, and at peace, and that true justice shall prevail in this dreadful, evil case and that her loved ones manage to survive this horror.

 

[JosieJo]

I know the burden of proof is on the prosecution but if you’re going to offer zero evidence that the couple had an affair then the jury aren’t just going to take your word for it just because burden of proof isn’t necessary.

I agree they wont but in theory they should

 

[Ruthbullock]

Just for accuracy (and I'm sure you meant to write "the Katie Rough case", Katie being the victim), there was no trial as the other girl admitted causing Katie's death.

Yes, you are right in both counts, my mistake.

 

[angeldust]

If it wasn’t spoke about or brought up, it’s because it wouldn’t have helped the prosecution.

Would have proved he didn't lose them at the beach and lied as he did about his whereabouts. I would expect they are relying on facts. So where are the clothes you had on that night as seen on this cctv of you at home? Id say that's relevant and should have been addressed

You would think if there were pictures then the prosecution would have submitted as evidence?

If they even thought about it, yes

 

[JosieJo]

Would have proved he didn't lose them at the beach and lied as he did about his whereabouts. I would expect they are relying on facts. So where are the clothes you had on that night as seen on this cctv of you at home? Id say that's relevant and should have been addressed



If they even thought about it, yes

How many similar or even the same jogging bottoms might a young lad have ? Some live in them

 

[angeldust]

The not proven option here in Scotland allows the defence to plant seeds of doubt in jurys mind and makes the verdict not black or white . IMO It's a cop out for the jury , let's them not make a decision . Many victims over the years have been denied justice because of this 3rd verdict that exists here in Scotland. Families have campaigned over the years to get this verdict removed from Scotish law , however they have been unsuccessful . One such case , local to me , was the Amanda Duffy case , early 90S , although compelling physical evidence against the accused the jury sought not proven . Awful murder haunts me still

Local to me too Fidobel He died a while ago didn't he ?

 

[angeldust]

How many similar or even the same jogging bottoms might a young lad have ? Some live in them

Yeah so he could have provided them if asked, then they couldnt have implied the trousers on the beach were his

 

[AM12]

Interesting. I wonder if the DNA found on each area is from semen or otherwise (skin/hair/similar) ?

yes doesn't specify and indeed I think the forensic said it was not possible to trace to hair/blood/saliva

 

[Taskforce88]

Local to me too Fidobel He died a while ago didn't he ?

He died in 2017. The jury got that one wrong.

 

[AM12]

In the wrong direction she would have been caught on the same cctv and why not walk along high road Ardbeg Road shorter way back

From bus shelter is direct route back along shore Rd
Accused claims that TM walked along shore Rd which would have showed on CCTV.
Also big gap in time of accused Time of leaving TM to be back at home .
Heard it said in trial that alleged rendezvous was in a garage or shed

 

[Taskforce88]

There have been times when the forensic evidence has been more than enough to get a guilty but the jury returned with a not proven.

 

[Kikixxxx]

Would have proved he didn't lose them at the beach and lied as he did about his whereabouts. I would expect they are relying on facts. So where are the clothes you had on that night as seen on this cctv of you at home? Id say that's relevant and should have been addressed



If they even thought about it, yes

Totally right. He should have given police the clothes he claims he wore that night and they could of been sent off to forensics to see if Toni’s dna was on them. I’m not sure what he’s said about that? Unless he’s just made a pair up but then they “should” have Toni’s dna on them, if they had sex, considering SO MUCH of his dna was transferred onto her apparently....

So many holes in his story.

 

[Kikixxxx]

yes doesn't specify and indeed I think the forensic said it was not possible to trace to hair/blood/saliva

I find that so odd. Surely they’d be able to tell if it was a hair?

 

[angeldust]

From bus shelter is direct route back along shore Rd
Accused claims that TM walked along shore Rd which would have showed on CCTV.
Also big gap in time of accused Time of leaving TM to be back at home .
Heard it said in trial that alleged rendezvous was in a garage or shed

What bus shelter? do you know? Im going on an earlier post saying it was further north ?

 

[AM12]

And this is the same joggers his friend testified he was wearing the night of the party days later

And then fibers jumped onto Alesha from the Sea ?

 

[AM12]

What bus shelter? do you know? Im going on an earlier post saying it was further north ?

Not Sure not specified

 

[Fidobell]

Local to me too Fidobel He died a while ago didn't he ?

Yes , the accused has died since without being brought to justice . Poor girls parents living with her murder all these years . Did successfully win a civil case against accused .

 

[TaylorCallum]

I've been fairly sure the jury would return with a guilty verdict but I'm not 100% convinced now, could be a not proven. The defence's closing statement was quite strong, stronger than the prosecution's in my opinion. Although the evidence is still overwhelmingly against the accused. Hopefully we'll find out tomorrow.