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

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  • #601
Connor Gillies‏Verified account @ConnorGillies 2h2 hours ago
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.

I said this earlier in the thread about the fibre from his boxers shorts too, that it might have been transferred to Toni (when they had sex) and then onto Alesha from Toni. Someone one here said it could only be from direct contact, but I believe it could still be transferred given the intimate nature of the direct contact he would have allegedly had with Toni, then onto Alesha.

FYI I don't think this happened! I think he's guilty as sin! It's just something I thought the defense might say/use in court.
 
  • #602
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.

I must say the defence QC was excellent
 
  • #603
  • #604
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 ?

I believe it was another witness, the neighbour, who allegedly heard her getting beaten.
 
  • #605
  • #606
His DNA all over her, the mother's CCTV showing him urgently running hither and thither throughout the night though supposedly drunk, his disposal of his clothes in the sea (despite the ridiculous story of the pier jumping). Come to think of it all his stories were very tall tales. Toni must have been planning for months. What? Based on your own say so, no corraboration of any of these stories by any evidence or testimony. His own mother basically turned him in. Guilty
 
  • #607
  • #608
But why? Everyone deserves to know what he looks like. Will I get banned?
You don't have some kind of 'secret info'- lots of people in Scotland and over the world knows who he is.
 
  • #609
Physical Evidence
DNA inside the body and on 14 points outside corresponding to where she had been held and smothered. A fibre compatible with those from the waistband of his boxers.
Many fibres compatible with those of his joggers

Supporting circumstantial
Texts between the accused and TM and RM asking to buy cannabis.
CCTV showing him leaving the house in the direction of their flat and returning an hour and a half later to shower and then leaving again briefly (twice) without the clothes he had arrived with items and a torch, all compatible with disposing of evidence and tidying up loose ends.
Clothes belonging to him found on beach compatible with fibre evidence on the body.
(The fibre from the boxers found on the body links the ones from the joggers Taken together they seem conclusive evidence.) Secondary transference (via TM) thought to be “highly unlikely”.
His physical strength and ability to carry the child and cctv evidence that points to someone moving quickly along the beach doing this.
The videos he made indicating it was him before it was known a murder had taken place.
His confidence and self-posssession on the stand.
Internet searches about collection of dna

His defence that it was the big girl that done it has no supporting evidence other than knowledge of a squeaky door.

I will be very surprised if it is not a quick Guilty verdict.
 
  • #610
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.

And because it’s taken him 7 months to decide to blame her there’s no chance of getting any evidence now. I really can’t understand how this type of defence can be admitted as evidence this late in the day! Essentially IF there was any truth in this .. then by waiting this long both of them could technically get away with murder!
 
  • #611
Guilty for me. Very clearly so. There just isn't a reasonable explanation for his DNA to be where it was except that he took her and attacked and killed her. I'm not convinced he went in the flat, i think it's as possible she was in the stairwell, but it makes no difference. The police check the DNA on a body. They exclude people. If TM's DNA was on her genitals they'd have noticed. If the fibres of her clothing were among those of his they'd have noticed. Secondary transfer leaves MORE of the primary contact and less of the secondary one, not only secondary one. And if they'd noticed she had any evidence at all from TM on her it'd be in the report and you can bet the defence QC would have mentioned it. He's guilty and i think he'll be found guilty.
 
  • #612
But why? Everyone deserves to know what he looks like. Will I get banned?

He is granted anonymity on grounds of his age. You risk prosecution if you identify him.
 
  • #613
  • #614
Physical Evidence
DNA inside the body and on 14 points outside corresponding to where she had been held and smothered. A fibre compatible with those from the waistband of his boxers.
Many fibres compatible with those of his joggers

Supporting circumstantial
Texts between the accused and TM and RM asking to buy cannabis.
CCTV showing him leaving the house in the direction of their flat and returning an hour and a half later to shower and then leaving again briefly (twice) without the clothes he had arrived with items and a torch, all compatible with disposing of evidence and tidying up loose ends.
Clothes belonging to him found on beach compatible with fibre evidence on the body.
(The fibre from the boxers found on the body links the ones from the joggers Taken together they seem conclusive evidence.) Secondary transference (via TM) thought to be “highly unlikely”.
His physical strength and ability to carry the child and cctv evidence that points to someone moving quickly along the beach doing this.
The videos he made indicating it was him before it was known a murder had taken place.
His confidence and self-posssession on the stand.
Internet searches about collection of dna

His defence that it was the big girl that done it has no supporting evidence other than knowledge of a squeaky door.

I will be very surprised if it is not a quick Guilty verdict.

You've worded all of that with a very specific one-sided slant.
 
  • #615
  • #616
Can I post who it is? His identity is no secret, evil little thing I'm looking at his YouTube right now!

I think anyone who really wants to know who he is can find out quite easily. I found out his name by accident when I searched Alesha's name somewhere (won't say where) and his name came up as a suggestion.
 
  • #617
But why? Everyone deserves to know what he looks like. Will I get banned?
No. But you’ll get charged it’s illegal l to name him, he’s a minor
 
  • #618
Connor Gillies‏Verified account @ConnorGillies 2h2 hours ago
Trial adjourned until tomorrow when Lord Matthews will direct the jury and send the men and women out to consider their verdict.

does this mean the verdict will be announced late tomorrow afternoon? or Friday?

Depends how long they take. I am guessing the Judge won't need more than a few hours tomorrow to do his bit, with the Jury going out by lunchtime - so an afternoon verdict is very possible.
 
  • #619
Depends how long they take. I am guessing the Judge won't need more than a few hours tomorrow to do his bit, with the Jury going out by lunchtime - so an afternoon verdict is very possible.
Thanks, I really hope so....:oops:
 
  • #620
Hey Everyone,

At Websleuths we taking naming minors very seriously. We do not allow minor's names to be posted unless they are missing or for some other reason connected to law enforcement.

Please do not name any minors on this discussion.
Thank you,
Tricia
 
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