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

[GimmeAclueBlue]

Took me so long to find this and would not let me quote it .......in relation to why did he screw his nose up it was reported in thread 2 the following :

Ha ha doesn’t like it - the question was - Prosecution says “I’d suggest to you it’s a fabrication” and it’s “complete nonsense” the story about losing his jogging bottoms and boxers in the sea. He replies “it is 100% not”

Hope that helps

 

[angeldust]

Teenage boy, 16, accused of Alesha MacPhail's murder shared Snapchat selfie | Daily Mail Online

This Daily Mail article says she was "found naked, face down with her legs spread". As the DNA evidence seems to have been on the front of her body this would suggest possible posing.

Or someone who went back and couldn’t look at what they’d done depersonalise

Just want to say thank you to everyone that just has posted the tweets and links since the trial started. Much appreciated. Been at work since it started so had to catch up when I get in.

Not sure if anyone can help me out here. I probably have missed something, but one question I do have is why TM was allowed to be accused by the defendant in the first place? Would the police not of questioned her and her boyfriend and confirmed them both as each others alibi? Ruling them out as suspects? Seeing as they were both staying in the flat that night? Just seems really terrible that she has gone through all this if the police had already ruled her out. Or is this what is allowed within the law there?

Yeah tbey can basically say what they want as we’ve seen this week

 

[Edinlass]

Special defence is a thing in Scots law, here's a link for a brief explanation - Special defence - Wikipedia

The accused only has to enter the special defence a few days before proceedings and don't have to prove it in any way. The crown still has to prove guilt beyond reasonable doubt. It's usually a special defence of self-defence or mental disorder you read of, incrimination is relatively rare. It's not likely to succeed but some lawyers seem to feel it's "worth a punt".

What gets me is his lawyer must have presented him with this action to take, a 16 year old isn’t going to know what a special defence is let alone know that he could use this in his defence. Half of us on Websleuths never knew what it was, it’s only Scottish law aswell I think not in English law.<modsnip>

 

[Edinlass]

Took me so long to find this and would not let me quote it

Ha ha doesn’t like it - the question was - Prosecution says “I’d suggest to you it’s a fabrication” and it’s “complete nonsense” the story about losing his jogging bottoms and boxers in the sea. He replies “it is 100% not”

Hope that helps

Thanks

 

[angeldust]

The lawyers gets paid handsomely regardless of his clients claims I’m pretty sure she’d have a good case of defamation if he’s found guilty

 

[SJ16321]

I do feel so sorry for TM. A lot has been made of the accused being young but TM isn't much older than him and she's sat there in court having to watch her name be dragged through the mud. I think she's innocent and the special defence is desperate fantasy but you know what some people are like.

The fact she lives in an island community as well will make the gossip even worse as everybody knows everyone else.

 

[sindydee]

Thank you for the replies about special defence. So even if that person they are accusing under the special defence has a solid ailbi they can still be accused? Have I got that right?

 

[Pooksthebear]

Teenage boy, 16, accused of Alesha MacPhail's murder shared Snapchat selfie | Daily Mail Online

This Daily Mail article says she was "found naked, face down with her legs spread". As the DNA evidence seems to have been on the front of her body this would suggest possible posing.

Thanks, it also says that on the day she went missing he told a friend that the police would blame it on him...by the sounds of it nothing had been reported about a murder at that time!

 

[Edinlass]

The lawyers gets paid handsomely regardless of his clients claims I’m pretty sure she’d have a good case of defamation if he’s found guilty

And quite rightly so, she’s allowed to be named with no evidence while the accused can sit there, annoymity intact.

 

[Edinlass]

Thank you for the replies about special defence. So even if that person they are accusing under the special defence has a solid ailbi they can still be accused? Have I got that right?

Yup apparently so.

 

[angeldust]

Thank you for the replies about special defence. So even if that person they are accusing under the special defence has a solid ailbi they can still be accused? Have I got that right?

Yeah

And quite rightly so, she’s allowed to be named with no evidence while the accused can sit there, annoymity intact.

I know it’s an utter joke

 

[Taskforce88]

Or someone who went back and couldn’t look at what they’d done depersonalise

I believe he returned to the scene at least once possibly twice, the second time when the search was going on and someone was picked up by the police helicopter in the woods near to where Alesha was later found.

 

[Alyce]

Who are we thinking for witnesses tomorrow? TM? Who else do you think? Could the prosecution recall RM to provide an alibi for TM?

They have both already been witnesses for the Prosecution. If the Defence wanted to ask them anything he would do that under cross examination. He can't recall them as his witnesses

 

[HongKongPhooey]

The body was discovered face down, no more details have emerged about a pose that I am aware of

There were more details about it, afraid I find I don't want to write it. It came out early in the trial and was on an earlier thread

 

[404_notfound]

Or someone who went back and couldn’t look at what they’d done depersonalise

Oh yes, definitely open to interpretation, that was just MOO on why they'd suggested he'd "posed" her in some media sources. It's also possible that there is more in the injury report which indicate other info/posing that we don't have. Some journalists draw conclusions and some quote the actual evidence if that makes sense.

 

[Edinlass]

The lawyers gets paid handsomely regardless of his clients claims I’m pretty sure she’d have a good case of defamation if he’s found guilty

I do wonder if he’s receiving legal aid. I know if you earn under £15k p.a. you’re immediately entitled to it but not sure when you are still in education or if it goes by your parents earnings. Makes no odds just wondering.

 

[Bustia]

I believe he returned to the scene at least once possibly twice, the second time when the search was going on and someone was picked up by the police helicopter in the woods near to where Alesha was later found.

Have you got a link to this? I must have missed it.

 

[HongKongPhooey]

Boy appears to screw his nose up over confusion at a question from the prosecution. Iain McSporran QC says “not the last you’ll hear from me”.

BBM - I don’t think it was to a question but more to the QCs remark. I don’t think this brute likes authority IMO

I remember the word fabrication was in the question, from the last thread but can"t remember exact wording

 

[LittleMystery]

I keep thinking about him saying she could have planned it for months fantasised about it.

This is what stood out to me. Unless it’s because we are only getting snippets from the court, but he didn’t give a why? Only that she had possibly been fantasising about it for months.

Doesn’t make sense. If it was true I’d expect to hear about jealousy, insecurity or getting back at someone for an abusive relationship. The motivations behind crimes like that. But nada. From his testimony we’ve just to expect she’s been fantasising about it for months for no reason.

Unless like I said, bits have been held back from reporting.

 

[Edinlass]

Have you got a link to this? I must have missed it.

I also missed this?