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

[Alyce]

Genuine question: if the accused is convicted, presumably he remains anonymous due to his age - but will it then become possible to report other features of the case as long as these don't reveal his identity?

And if the jury don't reach a guilty verdict, then what happens to the reporting restrictions? I don't fully understand the way in which Scots law deals either with minors or for that matter limitations on reporting.

Yes, he will remain anonymous, at least until he is 18 - possibly longer ( the Scottish folk on here would know better than me )
As to whether they could report more about the case. Difficult to do that without giving more clues to his identity, so I would say it won't be allowed.
If he is found not guilty/not proven then he is obviously free to resume his life in the community. I tend to think that there would still be an anonymity clause in place, to protect him - because if he is freed, then there is no facility ( far as I understand it ) for him to be provided with a new identity/place to live etc. So anonymity from the press would be important.

 

[Ciana]

Rhenish, your response to the poster is the very reason why I stopped following the William Tyrrell (Australia) threads as it became uncomfortable to read when posters became what I considered aggressive to the posts of others who did not agree with their opinion and expressed a different viewpoint. The jury will decide on this dreadful case and they will have been privy to much of what we have not heard. I understand your feelings, as this is a very emotive case; a poor wean has been murdered in the most appalling fashion and I hope to God that if the accused is the perp that he is fully brought to justice In the afore-mentioned threads, "Time out" was ordered by the mods and it meant that everyone was unable to continue discussions for a time. None of us wish for that to happen here. Yes, the DNA is a major concern and also the fact that there has been no evidence made available either way re the on-line conversations of the accused and T. via the medium of the social media site which he has stated was used for them to communicate. I do truly understand your rage, as I, too, have had to sit and watch whilst many, many accused persons have been found not g. by juries when I knew that they were absolutely g. We shall have the verdict soon. If the accused is found to be n.g. or n.p. his life will never be the same. He would be hated and shunned and never allowed to return to his home Island. None of that, of course, has parity to a young child being deprived of life in such a horrendous fashion and the ramifications that apply to her loved ones and the utter destruction of their lives after this event. If he is guilty then I hope that the jury find him so.

 

[Taskforce88]

If you take the time to do the research you will find that the planting of semen in a variety of cases is more common than you might think. As the expert on the stand testified - it is 'not technically impossible'.

I'm not saying that it is definitely the case that this happened, but i'm open-minded given the nature, complexities, and seriously odd elements of this case (lack of DNA from either side where applicable at the abduction site, or the accused's home etc etc).

It was stated that an 'implement' could be responsible for the sheer gravity of the injuries that were sustained. This jumped out to me because if (and it's a big if), someone was trying to make this look like something it wasn't, then it would absolutely follow suit from planting semen that an implement would be used to make it look like rape.

I agree with your post regarding a possible set-up, it has happened before and it was something I took on-board in this case. With his DNA on the bruises and pressure points, it places him there at the scene. The CCTV footage and the timings all point to him being the one who was responsible. And it is possible he used an implement during the 40-minute attack.

 

[404_notfound]

This makes perfect sense to me.


This is how I feel too. I struggle to understand how this could be disregarded unless you wholly believe the accused's version of events (which again, I find hard to understand)

If you WHOLLY accept his version of events you have to believe contradictory things.
Toni is TERRIFIED of Rab but is risking having an affair and deleting ALL media relating to it to keep Rab from finding out.
Toni likes the accused so much she is risking an affair (despite her violent boyfriend) but also hates him so much she wants the world to think he's a child rapist and murderer.
Toni is scared of Rab and confided in the accused over a period of months BUT when it came to framing someone she opted for the accused and not the boyfriend she's been complaining about all that time.
And also that she is some form of superbeing that doesn't appear on CCTV images and can get his clothes from the beach, get Alesha out the house with her kit of assault and semen transfer implements, carry kit and child to the crime scene, commit the crime, then get his clothes back to the beach, permanently lose or destroy her own kit and clothing, wash her body, and get back into bed beside Rab without anyone noticing her absence and without transferring any of her own DNA to ANYTHING, all in about 28 minutes.

 

[HayLouise]

Lord Matthews says the jury can, if they want, take into account the accused admitted he lied to police in his initial statement when judging his overall credibility and reliability as a witness.


He says they need to consider his reasoning for that.

Fraser Knight on Twitter

 

[Pooksthebear]

The accused said he lied to the police because he was scared for Toni. That doesn’t explain why he waited 7 months before filing the special defence. Why didn’t he accuse her as soon as he was arrested .. like an innocent person would do if they were being accused of a crime they didn’t commit?

 

[sunshine2019]

If you WHOLLY accept his version of events you have to believe contradictory things.
Toni is TERRIFIED of Rab but is risking having an affair and deleting ALL media relating to it to keep Rab from finding out.
Toni likes the accused so much she is risking an affair (despite her violent boyfriend) but also hates him so much she wants the world to think he's a child rapist and murderer.
Toni is scared of Rab and confided in the accused over a period of months BUT when it came to framing someone she opted for the accused and not the boyfriend she's been complaining about all that time.
And also that she is some form of superbeing that doesn't appear on CCTV images and can get his clothes from the beach, get Alesha out the house with her kit of assault and semen transfer implements, carry kit and child to the crime scene, commit the crime, then get his clothes back to the beach, permanently lose or destroy her own kit and clothing, wash her body, and get back into bed beside Rab without anyone noticing her absence and without transferring any of her own DNA to ANYTHING, all in about 28 minutes.

Exactly. His version is preposterous IMO.

 

[HayLouise]

He also says nothing can be drawn from the accused saying ‘no comment’ throughout his police interview.

Fraser Knight on Twitter

 

[Pooksthebear]

Sounds to me like the judge believes the accused’s story!

 

[Taskforce88]

Sounds to me like the judge believes the accused’s story!

The judge is impartial.

 

[embro68]

Sounds to me like the judge believes the accused’s story!

What makes you think that? Just curious?

 

[The Equaliser]

Sounds to me like the judge believes the accused’s story!

Why?

 

[Pooksthebear]

What makes you think that? Just curious?

I think I’m just nervous and seeing what isn’t there. Just the judge saying think of the reason why he lied to the police, and don’t draw conclusions from no comment. I guess he has to mention them things

 

[beseeingyou]

I agree with your post regarding a possible set-up, it has happened before and it was something I took on-board in this case. With his DNA on the bruises and pressure points, it places him there at the scene. The CCTV footage and the timings all point to him being the one who was responsible. And it is possible he used an implement during the 40-minute attack.

Yes you're right, however there are a number of points that muddy the water further:

1) We don't know what the DNA on the bruises constitutes - could it also be semen ?
2) The CCTV footage from home is obviously the accused but the timings could be coincidental - the accused explained these in court and the explanation fits with the TM story. The shoreline CCTV is inconclusive because it doesn't identify anyone in particular.
3) The accused could have used an implement during the attack, but this seems particularly odd given the clear care taken during the abduction and clean-up phase before and after the attack.

I'd also point out that by alternative scenario i am no suggesting that the accused is entirely innocent - there could be no involvement, some involvement, or of course, singular involvement.

 

[Marlinspike]

Sounds to me like the judge believes the accused’s story!

It sounds to me like he wants a fair trial and not a lynch mob

 

[Hhp28]

Sounds to me like the judge believes the accused’s story!

He has to remind the jury of what should and shouldn't be taken into account. In the interests of a fair trial.

 

[HayLouise]

Jury now out in the #Alesha MacPhail murder trial @SkyNews

James Matthews on Twitter

 

[HayLouise]

BREAKING: Jury sent out in the Alesha MacPhail case

Connor Gillies on Twitter

 

[Kikixxxx]

Jury now out in the #Alesha MacPhail murder trial @SkyNews

James Matthews on Twitter

That was so quick

 

[The Equaliser]

It sounds to me like he wants a fair trial and not a lynch mob[/QUOTE

Some common sense. Thank you