UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #5

[Gardenista]

Is anyone aware if local media companies have requested and published full court transcripts in the past?

 

[Junothecat]

Maybe she is moving because her marriage has broken down and marital home has to be sold

This may be unpopular, but I feel a lot of sadness for the prisoner's mother. Maybe she wasn't a perfect parent. Well, neither are many of us! A beautiful post on this site earlier - and I am sorry I don't know whose it was - spelled out her mixed emotions with subtlety and vast emotional intelligence. In the wake of the death of this beautiful child, so many different lives have been torn apart, exposed to our scrutiny, and will have to be re-made. I, for one, hope the prisoner's mother finds some sort of peace, realises that in reporting that CCTV footage she did a brave and generous thing, and accepts that her natural love for her son in no way contradicts her natural horror at what her son did to an innocent, loveable little girl.

 

[mrazda71]

It was not meant to be personal, mrazda. I, for the same reason as you are expressing here, was concerned that things may be misconstrued. I was attempting to be helpful.

You are replying to Alyce not me.

 

[Ciana]

I'm not quite understanding your question, perhaps you could clarify?

mrazda, sorry, what question?

 

[TaylorCallum]

Is anyone aware if local media companies have requested and published full court transcripts in the past?

I'm not aware of such a thing but I could be wrong. However, aren't court transcript technically property of the government so it would potentially be a copyright issue?

 

[Ciana]

You are replying to Alyce not me.

Apologies, mrazda. I was under the incorrect impression that I had been responding to you.

 

[mrazda71]

This may be unpopular, but I feel a lot of sadness for the prisoner's mother. Maybe she wasn't a perfect parent. Well, neither are many of us! A beautiful post on this site earlier - and I am sorry I don't know whose it was - spelled out her mixed emotions with subtlety and vast emotional intelligence. In the wake of the death of this beautiful child, so many different lives have been torn apart, exposed to our scrutiny, and will have to be re-made. I, for one, hope the prisoner's mother finds some sort of peace, realises that in reporting that CCTV footage she did a brave and generous thing, and accepts that her natural love for her son in no way contradicts her natural horror at what her son did to an innocent, loveable little girl.

Think it was my post post you've referred to and I totally agree with you.

It may just be be too that it's a van collecting her estranged husband's belongings ... locals putting 2 and 2 together and coming up with mum moving out may not be correct.

 

[Gardenista]

I'm not aware of such a thing but I could be wrong. However, aren't court transcript technically property of the government so it would potentially be a copyright issue?

I kind of doubt it, but not sure.

 

[mrazda71]

mrazda, sorry, what question?

You said "Well, quite frankly, I have no words. Perhaps you are aware of things that many of us on here, myself included, are not privy to re that above quote. I am presuming that you have inside information to make such a statement."

BBM

 

[Crestnut]

Will the child rapist/murderer be able to appeal his conviction?

an appeal against the conviction can automatically be made in Scottish courts

 

[Alyce]

Just bringing this post from Kyndigs back over from Thread Four, re the possibility of obtaining court transcripts


kyndigs
Think there is a cost but:

Under the Freedom of Information (Scotland) Act 2002 (“FOISA”) any person can make a request to the Scottish Courts and Tribunals Service to seek access to information. The SCTS will be obliged to provide that information, unless a reason under FOISA means that information cannot be provided.

 

[pinkje]

Thank you Juno. I think as a mother of boys it’s easier to hold a theory in your head that her death was as a result of accident rather than see this boy for the monster he is.

I am not sure whether it's possible to differentiate between sources of DNA (semen versus e.g. skin or saliva etc). Different people say different things. But given the large number of injuries, the number of points on Alesha's body on which the prisoner's DNA was found (14? a lot, anyway) and the lack of any other alien DNA found at the murder scene, it seems highly unlikely that anyone other than the prisoner was involved.

Put bluntly, vide the defence narrative, if the prisoner had been 'framed' by a third party 'planting' the DNA via a used condom, it is very unlikely, in my understanding, that other DNA, or indeed lubricant / spermicide, would not also be present at the scene. And no such material was reported.

Other problems with the defence narrative include the CCTV evidence regarding the prisoner, the forensic evidence related to the discarded clothing understood to be his, and the lack of evidence of any attack / injury in the flat from which Alesha appears to have been taken.

The defence narrative also fails to explain why a knife, apparently from the prisoner's house, ended up on the shore near the site of Alesha's abduction.

Let's spell out another thing - and if this is out of line, I hope the moderators will remove it. But as we all know, in cases of child murder, close family members are most likely to be guilty, hence the first to be investigated. The police on Bute aren't idiots, are they

I am not sure whether it's possible to differentiate between sources of DNA (semen versus e.g. skin or saliva etc). Different people say different things. But given the large number of injuries, the number of points on Alesha's body on which the prisoner's DNA was found (14? a lot, anyway) and the lack of any other alien DNA found at the murder scene, it seems highly unlikely that anyone other than the prisoner was involved.

Put bluntly, vide the defence narrative, if the prisoner had been 'framed' by a third party 'planting' the DNA via a used condom, it is very unlikely, in my understanding, that other DNA, or indeed lubricant / spermicide, would not also be present at the scene. And no such material was reported.

Other problems with the defence narrative include the CCTV evidence regarding the prisoner, the forensic evidence related to the discarded clothing understood to be his, and the lack of evidence of any attack / injury in the flat from which Alesha appears to have been taken.

The defence narrative also fails to explain why a knife, apparently from the prisoner's house, ended up on the shore near the site of Alesha's abduction.

Let's spell out another thing - and if this is out of line, I hope the moderators will remove it. But as we all know, in cases of child murder, close family members are most likely to be guilty, hence the first to be investigated. The police on Bute aren't idiots, are they? I suspect they, too, ran through - because they had to do so - a theory that either RM or someone else in Alesha's household that evening might have committed the relevant crimes. Ultimately, with access to forensic material and also the ability to question whoever they wished, they pursued charged against the person now convicted of those crimes. I trust that they did the right thing, based on evidence, experience and probability.

 

[Keeneye]

The cannabis angle is getting annoying, the telegraph are making such a big deal about it too . So facts he hadn’t smoked on the night in question he was drinking , yes he went out looking for it and I’m sure RM will regret dealing for the rest of his life , as I believe the arse went there to break in using the knife knowing they had a yale lock . His mother said he didn’t smoke it regularly however even allowing a 14 / 16 yr old to drink and smoke cannabis is away above what I could tolerate. So yes his mother and father are at fault . Also the kind of cannabis that RM was selling was most likely council solid so called polm from Ardrie I have a niece there and that’s all they smoke. Also think it’s ridiculous that people are implying alesha was left alone , wheres the evidence ? Im lost why people can’t just accept a jury saw all the evidence and all voted guilty, end of. It there is a conspiracy theory it’s probably why so many people covered for this psychopath! Ctv in the house why do you think that was ? Actually he’s a sociopath he took that stand cos he so arrogant and thinks he’s better than anyone else. He’s shown no remorse and hopefully they’ll put him away for a long time .

 

[TaylorCallum]

I kind of doubt it, but not sure.

I was looking into applying myself using the EX107 form but it says it can cost between £200-£300 so I think I'll give that a miss, lol.

But I don't know if that's just England and Wales?

 

[mrazda71]

I was looking into applying myself using the EX107 form but it says it can cost between £200-£300 so I think I'll give that a miss, lol.

Maybe we could all chip in a quid

 

[Gardenista]

I was looking into applying myself using the EX107 form but it says it can cost between £200-£300 so I think I'll give that a miss, lol.

But I don't know if that's just England and Wales?

Interesting, TY. It can be expensive in the US too which is why I was wondering if anyone knew if any media companies there had done it in the past. That fee would be peanuts to them.

 

[bronzepurple]

Think it was my post post you've referred to and I totally agree with you.

It may just be be too that it's a van collecting her estranged husband's belongings ... locals putting 2 and 2 together and coming up with mum moving out may not be correct.

Perhaps. But his mother has already said in the media that she attempted to sell the house after everything that happened, so she may have been successful. And it was furniture being moved out, that doesn't sound like just his 'belongings'. They would have been shared collective items which I doubt he could demand back as 'his'.

 

[Junothecat]

Thank you Juno. I think as a mother of boys it’s easier to hold a theory in your head that her death was as a result of accident rather than see this boy for the monster he is.

As the mother of a boy not too far removed from the prisoner's age, I do see the prisoner as the person who committed the crimes in question. Personally, 'monster' doesn't fit with what I've learned so far. He did an horrific thing - but people do, rather often, horrific things. The point, though, is to stress that I don't imagine this murder as an accident. This is only my opinion, but I suspect the prisoner acted in an impulsive and criminal manner, murdered Alesha, and merits a long-term custodial sentence.

 

[LittleMystery]

mrazda, yes, you are correct, this is a public forum, we are presumably all on here for the same reason. I respect that we all have our own opinions and I would never deem anyone in the wrong for voicing those opinions, whether they were similar to mine or otherwise. I am not here to tell another person how they should think or feel. That is entirely their concern and a matter for them alone. At no time have I expressed annoyance or any other negative reaction to the posts of others who do not agree with what I have written. We live in a democracy and are entitled to express opinions of our own, whether they are meritorious or otherwise. As for your thoughts re the poor mother deserving less sympathy for the death of her beloved daughter and I quote from your post:

one might suggest that Genie deserved less sympathy as she allowed her daughter to go and stay with a drug user never mind dealer

Well, quite frankly, I have no words. Perhaps you are aware of things that many of us on here, myself included, are not privy to re that above quote. I am presuming that you have inside information to make such a statement. I am heart-sorry for all of Alesha's family.

Regarding the bit bolded by you. I think the point MRazda was making has went over your head. She wasn’t suggesting that Genie deserved less sympathy. She was applying the same logic that you applied to Rab to highlight the issues with your logic. Let’s keep in mind both parents have lost a child at no fault of their own.

I think the improper use of the quote function is causing a lot of confusion on the thread.

 

[Crestnut]

I was looking into applying myself using the EX107 form but it says it can cost between £200-£300 so I think I'll give that a miss, lol.

But I don't know if that's just England and Wales?

You may get lucky and the case will be published via scotcourts