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

[Caroclaud]

Lets see where we're all at then?

Guilty?

Guilty! Proven completely

 

[jiminy]

Until the DNA/fibre evidence, I was worried about not proven but I feel there's enough for guilty now.

Regarding not proven, I believe the case would still technically remain open, although I don't know how much resources would be spent on it, and he could be re-tried if significant new evidence is uncovered or indeed someone else tried.

A guy who got 'not proven' for murdering his mum is (hopefully) due to be tried for it again. Her body had not been found at the time of the first trial. Son opposes retrial bid over mother's murder

 

[Taskforce88]

Maybe we should have a Websleuth down emergency Twitter group?

Nice idea lol

 

[Pooksthebear]

It wasn’t reported on twitter but saw in an news report that prosecution, in summing up, noted that the cctv figure showing someone carrying something fit perfectly with the timings of him snatching her.

 

[embro68]

Does anyone know if any one has ever been found not guilty using this type of defense because I don't think so? "My seman was planted"....?
The only equivalent I can think of is someone saying "oh there not my drugs they must have been planted" and I reckon everyone who has said that has been found guilty.
"I didnt steal the car my DNA was found because someone I had sex with stole the car".... Guilty
**just to be clear the comparisons are in the defence not the crimes incase anyone thinks I am saying otherwise**

 

[neteditor]

A not proven verdict is an acquittal. However Scotland got rid of the double jeopardy law some time ago so he could be tried again but only if significant new evidence comes to light.

 

[bfin1995]

I have faith in the Scots - guilty.

 

[bfin1995]

Catching up on the defence closing argument and saw this:


Connor Gillies‏Verified account @ConnorGillies 2h2 hours ago
Defence says the Police Scotland cyber crime expert didn’t have a clue what he was talking about when it came to Instagram. He says the purpose of that police evidence “failed miserably”.

Ha, nailed that one. Point for the defence.

 

[Taskforce88]

Catching up on the defence closing argument and saw this:


Connor Gillies‏Verified account @ConnorGillies 2h2 hours ago
Defence says the Police Scotland cyber crime expert didn’t have a clue what he was talking about when it came to Instagram. He says the purpose of that police evidence “failed miserably”.

Ha, nailed that one. Point for the defence.

Yep, some points were shocking for such a high profile case.

 

[Alyce]

Hope this helps for anyone who didnt catch it all on twitter



Connor Gillies‏Verified account @ConnorGillies 3h3 hours ago
Defence closing submission now underway.
Defence says jury has listened to “material the likes of which you could never imagine”.

Defence tells jury to ignore anything reported in the media in relation to this case as journalists pick the “titilating” parts to sell papers and attract viewers.

Defence asks the jury “how does it go from 1.47am when the accused was trying to buy cannabis” to abducting, raping and murdering “a girl he never met”. “It doesn’t make sense” and if you “starting looking at the detail then it makes even less sense”.
Defence now discussing how the accused would be able to gain entry to Alesha’s house (a property he has never been in) and take the child (at knife point) without making any noise or waking anyone else up.

Defence says Toni’s evidence in the witness box was “quite flat, no emotion” and it took a reexamination from the prosecution to trigger emotion.

Defence says “Crown is trying too hard to make something out of nothing”

Defence says the video the accused sent to Snapchat group could be suggested it was him “confessing to what he had done”. Defence says it was an example of dark humour and only became of any real interest to anyone after the boy was arrested.

Defence says the Police Scotland cyber crime expert didn’t have a clue what he was talking about when it came to Instagram. He says the purpose of that police evidence “failed miserably”.

Brian McConnachie QC says if the accused did have sex with Toni that night then Toni could have the accused’s DNA on her. He says that could explain reason for DNA found on Alesha.

Defence says IF the accused raped and murdered Alesha there is “not a sign or a drop of Alesha’s blood in his house”. Also says there is not a shread of the accused’s DNA in Alesha’s house.

Mr McConnachie ends his speech saying “The verdict has to be one of acquittal” Defence submission is over


Trial adjourned until tomorrow when Lord Matthews will direct the jury and send the men and women out to consider their verdict.

 

[beseeingyou]

Does anyone know if any one has ever been found not guilty using this type of defense because I don't think so? "My seman was planted"....?
The only equivalent I can think of is someone saying "oh there not my drugs they must have been planted" and I reckon everyone who has said that has been found guilty.
"I didnt steal the car my DNA was found because someone I had sex with stole the car".... Guilty
**just to be clear the comparisons are in the defence not the crimes incase anyone thinks I am saying otherwise**

Luke Perkins was cleared after claiming semen was planted on his clothing:

18-year-old accused of rape is is cleared of any wrong-doing

 

[Alyce]

Catching up on the defence closing argument and saw this:


Connor Gillies‏Verified account @ConnorGillies 2h2 hours ago
Defence says the Police Scotland cyber crime expert didn’t have a clue what he was talking about when it came to Instagram. He says the purpose of that police evidence “failed miserably”.

Ha, nailed that one. Point for the defence.

Yep, I totally agree with him on that

 

[arrogantcat]

I totally disagree. This is usually only said when someone has been ill and suffering not about a 6 year old child

In my experience it’s generally said by religious people, or by people from previously religious families. The “better place” is heaven, with the lord, etc. Remember that to religious folk, Earth is a place full of sin and suffering, and heaven is an escape from all of this.
I genuinely don’t see anything unusual with this phrasing. It’s like saying, “she’s with the angels now”.

 

[bronzepurple]

What a time for websleuths to break down!

Lol I know! I was imagining you all pulling your hair out

 

[Pooksthebear]

I am gobsmacked they could even bring this defence this late in the day when it’s far too late to collect dna evidence from Toni.

 

[angeldust]

Fraser Knight‏ @Fraser_Knight

Mrs Crawford says she didn’t know Robert MacPhail was Toni’s partner until she saw posts about Alesha on Facebook after she went missing. Prosecution asks if it was then she “put two and two together that was the male you saw” She says yes.

So she saw them fighting that night and heard her getting beat up for 3 months but didn’t know until
Alesha went missing that was the girlfriend but could ID her before she knew who she. Was. Am I reading this correct ?

 

[LittleMystery]

Catching up on the defence closing argument and saw this:


Connor Gillies‏Verified account @ConnorGillies 2h2 hours ago
Defence says the Police Scotland cyber crime expert didn’t have a clue what he was talking about when it came to Instagram. He says the purpose of that police evidence “failed miserably”.

Ha, nailed that one. Point for the defence.

They seriously need either social media experts or teenagers to explain social media in court because there is genuinely so much misunderstood about capabilities and individual usage.

The way a teenager uses social media is entirely different from someone older. The behavioural science aspect is almost always overlooked. I was cringing at the Instagram evidence.

 

[embro68]

Luke Perkins was cleared after claiming semen was planted on his clothing:

18-year-old accused of rape is is cleared of any wrong-doing

Bizarre.... not even an explanation of how she had it to plant it.... I'll need to look into this case further, thank you

 

[Taskforce88]

TM's DNA might have been present on Alesha's clothing if she cuddled her and put her to bed. But she wasn't a POI for the police so there was no need for her to explain that. If indeed other DNA was present.

 

[bfin1995]

Great defence IMO:

1. Fraser Knight‏ @Fraser_Knight 3h3 hours ago
   Defence QC starts his closing speech saying the legal system asks a great deal of the jury. Having to sit through material, the likes of which “I suspect you could never imagine”
   
2. Defence QC: “There are people who would’ve returned the verdict of guilty the minute they read the indictment entirely because of the nature of the charges. Your verdict needs to be based on the evidence.”
   
   
3. Defence QC tells jury the accused did not have to give evidence. He did not have to face cross-examination from one of the country’s “most experienced prosecutors” He says the 16-year-old chose himself to stand in the witness box yesterday.
   
   
4. Defence QC: “This is not a balancing act, it’s proof beyond a reasonable doubt. If there’s a cause for pause in the evidence, the benefit of the doubt goes to the accused.”
   
   
5. Defence says there is perhaps little dispute that the accused was looking for cannabis at the time. He asks: “How does it go from seeking a bit of cannabis to him going out to commit the most horrific of murders?”
   
   
6. Defence asks the jury how the accused - who’d never been to Alesha’s grandparents’ house before - managed to know he’d get in the door; knew where to find Alesha in the house; managed to get round her bedroom’s “squeaky” door without waking anyone up, or without Alesha screaming.
   
   
7. He says if anyone knew there was a key in that lock when they came back, it’s Toni McLachlan. “She knows how to get around the squeaky door, she goes into Alesha’s bedroom and if she’s awake she knows who she is so no reason to scream at that point” he says.
   
   
8. Defence says Toni’s reaction when being examined in the court was “quite flat” and when re-examined by the Advocate Depute, he tells the jury it “wasn’t to clarify anything, it was in an effort to get her to show some emotion”
   
   
9. Defence QC says if the Crown is right, when the accused “saunters” back to his house that morning on the CCTV footage, like he hasn’t a care in the world” he had just raped and murdered Alesha MacPhail.
   
   
10. Defence lawyer says to the jury: “I suspect the pathologist was the worst part of the trial” as he reflects on evidence given during the last week. He says the pathologist cannot assist with saying how Alesha was raped.
    
    
11. He also claims the prosecutors have tried to “make something out of nothing” in relation to the “kill of a lifetime experience” evidence saying the conversation - which happened when they were 14 - was just “teenage rubbish”
    
    
12. Defence QC tells the jury: “I didn’t know you could find someone who knows less about Instagram than I do.” He says the cyber expert who gave evidence had no idea if messages between the accused and Toni had been deleted or what would happen if they were deleted.
    
    
13. Defence QC: “Although the scientist said secondary transfer was highly unlikely’ you can’t discount it. If there had been contact between (the accused) and Toni McLachlan essentially within minutes of killing Alesha, Toni can have (the accused’s) DNA on her.”
    
    
14. Defence lawyer says to the jury the phone call from Toni McLachlan to the accused at 6.29am that morning, and the fact she said she had a “bad feeling” about the accused while searching for Alesha are “strange pieces of evidence” He invites jury to acquit accused.