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

[Rhenish]

Spot on!

Maybe Eezer Goode Geezer could write letters to the poor little boy expressing heartfelt condolences of the injustices of the world, it would be better received.

Ha, Thanks, Yes.

 

[Gumbeaux]

Continued prayers for justice for this wee babe, for her family, and for the tiny community coming to terms with this horrific crime. My heart is with everyone closer to this, and please let justice be swift and sure. Irrelevant, but I am a bit fascinated by the juror system in Scotland— could do wonders for some cases in the US.

 

[Edinlass]

Continued prayers for justice for this wee babe, for her family, and for the tiny community coming to terms with this horrific crime. My heart is with everyone closer to this, and please let justice be swift and sure. Irrelevant, but I am a bit fascinated by the juror system in Scotland— could do wonders for some cases in the US.

Echoing your thoughts.

I agree our criminal justice laws are mostly fair but our sentencing is embarrassingly lenient, we could certainly take a leaf out of your book for that. Especially the worst cases like these which are thankfully few and fair between here in Scotland.

 

[LittleMystery]

Hi everyone i am an occasional lurker on this site but have read every page of the trial threads.

To restore my faith in humanity, i am hoping that you are all privvy to some special, extra info not contained herein (e.g. a history of appalling violence, rape or molestation). As it stands, all i see is a witch hunt of an innocent boy based on, literally, nothing. The name calling is shameful and the logic applied by many is not only flawed but worryingly biased.

I have no doubt that, even if found not guilty, the majority on here will consider him guilty regardless. It is scary to think that, assuming mostly adults post on this thread, any one of you could be considered for jury service.

I'm positive that many of you would relish referring to this boy as a "psycho 16 year old lying pedophile freak" as opposed to 'the accused' in line with what the above poster suggested. Unfortunately that says more about you than it does him.

I'm sorry my first post is somewhat confrontational but it seems any discussion (which you are all sure is calm, considered and appreciative of all viewpoints) that doesn't denote bloodboiling from the accused's 'arrogent', 'narcissistic', 'cold', 'psychopathic', 'immature' 'goading' behaviour is not entertained.

I usually enjoy lurking here when an interesting case arises but the twisted logic applied to the circumstances and the determination in condemning the defendant has left a bad taste in my mouth. Very odd indeed.

Hi Eezer. Welcome.

I think the discussion around this case is more heated than normal because the victim is a small child. It’s an emotional case to follow and anger boils over.

However, I have to respectfully disagree with the portrayal you suggest of ‘many’ here. From my own experience, most people here have respect for the law and a fair trial rather than wielding pitchforks.

If you read back a bit you will see there was an array of outcomes suggested rather than just everyone saying the accused will be found guilty. Part of the difficulty with following this trial is that because we have only heard snippets, much of it has been left open to interpretation. The hard part is down to the jury.

It’s worth noting that no one WANTS this person to be guilty, no one wants this to have happened at all! Ultimately, regardless of opinions, we all just want the same thing - that justice is served and the truth is out for Alesha’s sake.

 

[Junothecat]

Good morning all. I am yet another lurker who has been following this case on the forum and have learned a lot from the posts here. Thanks to all who have put time and effort into sharing thoughts about this appalling, deeply distressing crime.

There are a few things that still puzzle me a lot. I am sorry if some of them are a bit graphic but it is hard to express my questions otherwise.

1. Is it genuinely not possible to determine whether specific injuries were caused by an implement, as opposed to penetrative intercourse? That surprises me. In this context, the comment about how the pathologist had 'never seen injuries like this before' is slightly odd.

2. Is it also not possible to determine whether DNA comes from semen or e.g. from contact with skin, saliva etc?

Re these two questions, it seems relevant that Alesha's body was discovered only hours after her death. If it had taken weeks or months to find her, or if she'd been buried, this would make more sense to me. But under the circumstances I'd have thought the forensics would have been rather more clear.

3. Clearly, only the accused is on trial here. But I've seen stated on this forum, as a matter of fact, that Alesha's father was on bail re domestic assault charges. Is that correct or have I misunderstood? And if so, it seems odd that Alesha's father was contesting custody with Alesha's mother - as suggested in the evidence from the neighbour who heard what sounded like domestic assaults at Alesha's father's flat - as surely no court on earth would award custody to someone with outstanding charges or convictions for violent assault.

This is a very difficult case, which I suppose is why it interests me. On one hand, the forensic evidence against the accused seems fairly strong. Also, the long 'pauses' in the prosecution case - suggesting the presentation of evidence that couldn't be made public - make me think that there may be more, and better, evidence than we realise. On the other hand, though, the defence case (which has been presented very well) will surely have planted doubts in the minds of at least some of the jurors, especially regarding whether Alesha's dad, the dad's girlfriend Toni, and Alesha's paternal grandparents have all given honest and complete testimony. So while, on balance, I think the accused murdered Alesha, I am not sure that the prosecution case has got the story quite right. A verdict of 'not proven' seems entirely possible.

 

[Heathyheath_]

Such a ridiculous statement. How many people has he observed walking 7 minutes after committing rape and murder in order to come to this informed opinion? Is there an agreed murderer walk they all adhere to?

Perhaps he’s comparing it with the walk TM made on the way home last night which was surely captured on many different forms of CCTV footage as well... Oh yeah that’s right, they have absolutely nothing of the sort!

You have to admire the defence for really working with what little evidence he actually has to suggest innocence. I wouldn’t be able to do it with a straight face if I was in his position.

 

[Marlinspike]

after "sleuthing", "evidence" and so on some of us have come to the conclusion that yes he is that "psycho 16 year old lying pedophile freak"......because he is ...YOU just do not get that. YOU do not like that some of us here believe 100% he is guilty. YOU ARE THE ONE ON THE JURY THAT I FEAR, because you fail to evaluate the evidence and form an independent and intelligent opinion. There is an expression I really like that I feel like sharing with you and it goes like this, "Get Over Yourself"!

Thankfully, we have courts and juries and don't have to rely on "sleuthing", aka internet speculation.

I find it concerning when anyone who is not privy to all the information in the case decides "100%" that someone is gulity, a psychopath, a pedophile freak, etc. Not to mention the legality of such statements should a not guilty verdict be returned.

 

[Taskforce88]

Thank you Its where I thought and knew those short trips were do-able :/ At least the jury will have seen that too

Yep, the jury will know that. There will have been lots of details relevant and damning that wasn't made public.

 

[HayLouise]

Prosecutor Iain McSporran QC (pictured) and defence QC Brian McConnachie gave their closing speeches today as the final pieces of evidence were given to the jury in the Alesha MacPhail murder trial.


The jury will return to the Glasgow High Court tomorrow to consider its verdict.

Fraser Knight on Twitter

(Audio at link)

 

[Ruthbullock]

Perhaps he’s comparing it with the walk TM made on the way home last night which was surely captured on many different forms of CCTV footage as well... Oh yeah that’s right, they have absolutely nothing of the sort!

You have to admire the defence for really working with what little evidence he actually has to suggest innocence. I wouldn’t be able to do it with a straight face if I was in his position.

There seems to be a big misunderstanding about how trials work in your statement- the defence doesn’t have to prove innocence, the prosecution has to prove guilt.

 

[emmalpage81]

I think this is a case that will resonate with people for a very long time; regardless of the verdict. A six year old child was murdered in, what I would describe as, the most brutal of ways.

Personally I belive there is enough evidence for a guilty verdict. The accused's semen was found inside her. The defence have suggested this could have been planted. If they believed so, they had the option to put an expert on the stand to show how this could have been planted. IMO should the sample have been planted there would have been a level of contamination, either lubricant from the supposed condom it was stored in as well as particles from the implement used to insert it. We have nothing to suggest any such contamination occured.

The presence of the accused's dna on another 14 areas of the body, IMO, cannot be put down to transfer DNA. As the forensics expert stated, given the volume, it is highly unlikely, that this could have happened. This is especially so when there is no suggestion that any other DNA was found in each of the same 14 spots. It was stated that the expert could not tell if this DNA was from saliva, sweat etc. these are clearly different to spermatozia. (Hence the argument of touch transfer).

Fibers link clothes that the accused have confirmed are his to the clothing that A was wearing. Whilst it is argued that the same fibers can be found on similar garmets, I find it hard to believe that someone else abducted and murdered A whilst wearing the same style of clothing that the accused lost a few days prior.

IMO the defence's claim that the clothes were lost, and in the manner thry state, is beyond the realms of my own belief. It doesn't make sense and therefore I do not believe it. Coupled with the fact an eye witness has stated he was weating those same clothes a short time before the crime was committed, the manner in which the clothing was recovered (i.e. tangled together) makes this avenue of defence, honestly, rather ludicrous to me.

The only thing that I am struggling with is how A left the house. I am wondering if A had a history of playing with the stair lift on the stairs? That, to me, would make sense. An open 'public' door and a child playing going up and down stairs. The accused would never have needed to enter the home. It would also tie in with the accused statement in his group chat 'how did she get out of the house'. Not how did someone get her out of thr house. This is all obviously my own thoughts with no evidence.

All IMO

 

[Taskforce88]

I think this is a case that will resonate with people for a very long time; regardless of the verdict. A six year old child was murdered in, what I would describe as, the most brutal of ways.

Personally I belive there is enough evidence for a guilty verdict. The accused's semen was found inside her. The defence have suggested this could have been planted. If they believed so, they had the option to put an expert on the stand to show how this could have been planted. IMO should the sample have been planted there would have been a level of contamination, either lubricant from the supposed condom it was stored in as well as particles from the implement used to insert it. We have nothing to suggest any such contamination occured.

The presence of the accused's dna on another 14 areas of the body, IMO, cannot be put down to transfer DNA. As the forensics expert stated, given the volume, it is highly unlikely, that this could have happened. This is especially so when there is no suggestion that any other DNA was found in each of the same 14 spots. It was stated that the expert could not tell if this DNA was from saliva, sweat etc. these are clearly different to spermatozia. (Hence the argument of touch transfer).

Fibers link clothes that the accused have confirmed are his to the clothing that A was wearing. Whilst it is argued that the same fibers can be found on similar garmets, I find it hard to believe that someone else abducted and murdered A whilst wearing the same style of clothing that the accused lost a few days prior.

IMO the defence's claim that the clothes were lost, and in the manner thry state, is beyond the realms of my own belief. It doesn't make sense and therefore I do not believe it. Coupled with the fact an eye witness has stated he was weating those same clothes a short time before the crime was committed, the manner in which the clothing was recovered (i.e. tangled together) makes this avenue of defence, honestly, rather ludicrous to me.

The only thing that I am struggling with is how A left the house. I am wondering if A had a history of playing with the stair lift on the stairs? That, to me, would make sense. An open 'public' door and a child playing going up and down stairs. The accused would never have needed to enter the home. It would also tie in with the accused statement in his group chat 'how did she get out of the house'. Not how did someone get her out of thr house. This is all obviously my own thoughts with no evidence.

All IMO

I believe a number of us are leaning towards the possibility that he did not fully enter the home and that unfortunately Alesha was in a position to be taken without causing too much noise. He would not have known about the key being there however, that would only have been apparent when he went around the back. So if the key wasn't there, was he planning to break in and most likely get caught? I suspect he had reason to be at the back of the house and an opportunity presented itself.

 

[Alyce]

Mr McConnachie also recalled CCTV images of the accused taken at 3.35am on the morning of Alesha's death.

He said the accused was seen " sauntering" in a manner of someone "without a care in the world".

He said it was not the actions of someone who had just seven minutes before carried out a rape and murder.

Mr McConnachie said it was more the actions of someone who had just had a liaison with Toni McLachlan


Unless the reporting is wrong is the QC saying she was killed at 3.28 wtf they couldn't determine TOD

My take on that is the QC is just trying to put an image into the Jury's mind - and he is using the 7 minutes
( which is a realistic time, distance wise ) to be as dramatic as possible, to emphasise this image - and say that it doesn't fit with someone who has just committed murder.
He's splitting hairs imo, as we know from all the other evidence that - if - the accused committed this murder it had to have been between 2.45am and 3.25am approx. So he might not be sauntering home just 7 minutes later, but it's certainly less than an hour later.

 

[Alyce]

Yeah that is true. I'm sure it is very different in the courtroom. The prosecution definitely have a much stronger case overall so really it should be a guilty verdict. I'm just a bit apprehensive about tomorrow/Friday.

As Mrazda said yesterday, many of us here on WS get this way just before a verdict is incoming, That awful feeling and worry that justice is not going to be done. But, time and again, we see the correct result.
Have faith in the Jury. I know there are some awful stories about juries ! but in the main, they are decent folk who will come through with the right verdict.

 

[JamesK]

Hello, another lurker here posting for the first time (I didn’t seem to be able to sign up previously). I’ve followed the known facts about this case and believe beyond any doubt that the accused is guilty of this crime. Frankly his counter arguments are laughably implausible and taken together with his movements on that night, change of clothes etc. plus the DNA evidence, there isn’t any rational reason for anything but a guilty verdict. Of course human beings are not always rational and who knows the thoughts of the jury. The defence QC has apparently mounted a strong case for the defence and there is a feeling that Alesha’s father and his girlfriend have not been completely honest - and this clouds matters. After reading about the Amanda Duffy case, where the perp walked free with a ‘not proven’ verdict (despite his teeth marks and hair being on the victim), I have a strong concern that justice may not be done here also. However like many following this case, I believe the only correct verdict is ‘guilty’.

 

[53J29]

Prosecutor Iain McSporran QC (pictured) and defence QC Brian McConnachie gave their closing speeches today as the final pieces of evidence were given to the jury in the Alesha MacPhail murder trial.


The jury will return to the Glasgow High Court tomorrow to consider its verdict.

Fraser Knight on Twitter

(Audio at link)

Who is the judge in this case please.

 

[Taskforce88]

Who is the judge in this case please.

Lord Matthews

 

[Edinlass]

Who is the judge in this case please.

Lord Matthews.

Worth noting he is the judge who slapped the worlds end murderer Angus Sinclair to a minimum of 37 years behind bars - the longest sentence ever to be given in a Scottish court. (I know this may have already been mentioned, just a friendly reminder).

 

[404_notfound]

Quite a few people have mentioned believing the perp of this case must be a psychopath/ sociopath, so I thought this might be of interest. These are the 20 diagnostic criteria for psychopathy:

- Do you exhibit glib and superficial charm?

- Do you have a grandiose (exaggeratedly high) estimation of self?

- Do you have a constant need for stimulation?

- Are you a pathological liar?

- Are you cunning and manipulative?

- Do you have lack of remorse or guilt?

- Do you have shallow affect (superficial emotional responsiveness)?

- Are you callous, and do you lack empathy?

- Do you have a parasitic lifestyle?

- Do you have poor behavioral controls?

- Are you sexually promiscuous?

- Did you display early behavior problems?

- Do you lack realistic long-term goals?

- Are you overly impulsive?

- Are you irresponsible?

- Do you fail to accept responsibility for own actions?

- Have you had many short-term marital relationships?

- Do you have a history of juvenile delinquency?

- Have you experienced a revocation of conditional release?

- Do you display criminal versatility

This is of SOME interest, but teenagers can display a lot of these while being completely typical/normal psychologically.

Mr McSporran responds to claims Toni was jealous of Rab’s relationship with Alesha. He says “jealous, to take her from her bed and rip her apart. That is some jealousy”.


This ^ is a horrific statement

This kept me up half the night. That image. To "rip her apart". I have a 6yo. But at the same time it really brings home just how violent her death was and how unlikely it is that a small female person carried out the fatal attack.

To answer something else someone asked - they can tell if an implement is used in some cases if there is EVIDENCE of an implement, for example splinters from something wooden, specific shapes to injuries if a knife was used etc. The evidence left behind here was DNA, both from semen and "other sources" (unspecified here but for example blood or skin from the accused). They swabbed the accused's "private areas" to try to find the victims's DNA for this reason but failed to find anything (he had time to wash and was presumably thorough).

 

[Pooksthebear]

I think it's likely that he skulked around, peeping in windows, sneaking into open doors on a regular basis. Honing his craft so to speak. Perhaps he's been caught up and this is why he was suspected early on and why everyone would blame him. He's talked his way out of trouble before. I've thought that this crime took preplanning and fantasizing. Maybe on one of his little forays he found the door open and pounced on the opportunity to realize his fantasy, uniting the planning with the opportunity. Parents hold your children tight. JMO

Fully agree. I’m sure I read somewhere that the gran said they often left the door open? Will try and find the article. It also seems to have been common knowledge that the grandad was making Alesha an attic bedroom so it’s highly possible he knew exactly where she would be.