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

[L White]

Can someone advise me, if this is not proven - does the investigation continue?

 

[Alyce]

Back after lunch at 2pm today then you need the defence sums up and then judge sums up. I think jury will be sent out tomorrow morning to deliberate, by the afternoon they should have agreed on a verdict. If not ( unlikely though ) the judge will say he will accept a majority of 10 jurors.. in which case might be Friday... I think tomorrow though!

This is Scotland - there are 15 jurors and they only need 8 for a ruling. Much easier in some ways than England.
They dont do majority rulings in Scotland.

 

[Taskforce88]

The DNA on the bruises and pressure points means guilty for me. However, we don't know what the jury will think and discuss. Will there have been enough doubt placed for a not proven? A not guilty verdict is extremely unlikely IMO. The summing up by the defence mentioning the fact that only Toni knew about the key in the door, squeaky door, and the fact that Alesha didn't scream, might convince a few jurors.

 

[Missmaam]

I think he’ll be found guilty. We are only seeing what has been reported on twitter via journalists. Anyone else notice there were far more long gaps without info during prosecution? Those were probably the bits not allowed to be reported. I have a feeling the jury has seen a lot more against the accused than supporting the accused and way more than we have seen here.

Very true. I am sure it is possible that a lot will be filtered out due to the protection of his identity.

 

[L White]

I think he’ll be found guilty. We are only seeing what has been reported on twitter via journalists. Anyone else notice there were far more long gaps without info during prosecution? Those were probably the bits not allowed to be reported. I have a feeling the jury has seen a lot more against the accused than supporting the accused and way more than we have seen here.

I really hope this is the case! Are they allowed to use 'relevant' background info for the prosecution?

 

[Kikixxxx]

The defence closing argument should be interesting. I don't think it will last that long.

Can’t believe how long his argument lasted actually! He really REALLY tried his best. The thought he might actually get away with this. And possibly do it again in future. I can’t even cope with that thought

 

[embro68]

A good Defence will ensure that there is no possibility of the accused being able to mount an appeal. If he was less that robust in his defence, he might leave a loop hole.

I know, just wish he done the bare minimum and no more.

 

[Detective_dog]

I fear it might be not proven or possibly a very narrow guilty verdict. The defence will have created some doubt regarding how he got her out of the house IMO.

 

[nothinonyou]

Can someone post the updates we missed please? I only follow this thread lol
And my two cents? Guilty. DNA should nail him.

 

[stephaniejanes]

This is Scotland - there are 15 jurors and they only need 8 for a ruling. Much easier in some ways than England.
They dont do majority rulings in Scotland.

I was about to say that - only 8 jurors need to agree on a verdict for that to be agreed. Do we really think 8+ will think not proven or not guilty?

I know we haven't been in the room, but based on the limited info we have been given I would guess there will be a majority guilty rather than unanimous. But guilty none the less.

 

[Alyce]

Can someone advise me, if this is not proven - does the investigation continue?

No appeal allowed in this case.

I don't think that would negate being able to bring a new trial, if there more new evidence. I'm not 100% on that, because this is Scottish law not English.
However, I struggle to see what further evidence they might be able to bring to the case.


The prosecution can:

• appeal against an acquittal – a verdict of 'not guilty' or 'not proven' – but only in summary cases (trials without a jury) and only on a point of law

After the verdict: Scottish victims and witnesses - mygov.scot

 

[Bustia]

I know, just wish he done the bare minimum and no more.

I thought the same but the defence only had two witnesses, three if you include the accused and no real evidence presented that he didn’t do it. The defence just focused on RM and TM’s relationship from what we have seen reported. So it would make sense that the closing speech would have been so long. It was his only hope really. I personally believe the jury will reach a guilty verdict in spite of what the accused and his team have said in court.

 

[Bustia]

I thought the same but the defence only had two witnesses, three if you include the accused and no real evidence presented that he didn’t do it. The defence just focused on RM and TM’s relationship from what we have seen reported. So it would make sense that the closing speech would have been so long. It was his only hope really. I personally believe the jury will reach a guilty verdict in spite of what the accused and his team have said in court.

Sorry it’s four if you include the accused. My mistake.

 

[beseeingyou]

I think it will go not proven.

There's a total lack of concrete evidence asides the semen. Nothing significant in the MacPhail house and nothing at all at the accused's home. Grainy CCTV that doesn't distinguish who the person is on the shoreline. A fairly confident explanation of most if not all of the prosecution points by the accused, and a witness who makes up part of the accused's defence who appears to have been economical with the truth.

If there is a lot of stuff we haven't heard, that may make a conviction more likely, but i struggle to see how they have enough for it to be anything but not proven.

 

[charlotte123456]

I fear it might be not proven or possibly a very narrow guilty verdict. The defence will have created some doubt regarding how he got her out of the house IMO.

A narrow guilty verdict is still a guilty verdict.

 

[Alyce]

Can’t believe how long his argument lasted actually! He really REALLY tried his best. The thought he might actually get away with this. And possibly do it again in future. I can’t even cope with that thought

In terms of trials I have followed, it was relatively short. 1 hour 10 minutes. Many go for 3 hours or more.
Prosecution by comparison was 50 minutes, ,so not much in it, time wise for them.

 

[Detective_dog]

A narrow guilty verdict is still a guilty verdict.

Which is what I would hope would happen. As IMO I can’t see how anyone else can be responsible.

 

[mrazda71]

I've been on Websleuths almost 5 years ... followed a lit of cases and I can tell you that in every single case, at this same point in the trial, we are all, always certain of our verdict but still terrified of the jury 'getting it wrong' ... they rarely do.

Let's all (metaphorically) hold our breath til the verdict.

 

[Joolz1975]

I hope it's guilty.

But I've got a niggling feeling we might be looking at a not proven.

If it wasn't for the DNA on the body I think he would be getting away with it, with the lack of DNA at either home.

But the DNA on Alesha should hopefully be enough.

I wonder how much the jury will believe of his alleged relationship with TM, but to me it's not relevant anyway as even if there was a relationship I don't believe she was in anyway responsible for what happened.

I think it's the accuseds way of causing as much distress as possible.

 

[mrazda71]

I was following it all via Twitter and see a number of you guys. Nice to put faces to the usernames lol

Maybe we should have a Websleuth down emergency Twitter group?