GUILTY UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -*arrest* #7

[jacksmamma]

......I can't totally condemn JC,I can't imagine how hard it was to turn her son in(because that is what she did even if she tries to spin it another way)and to admit to the world what he is,it doesn't excuse her and her husband(he is to blame for lax parenting too)for turning a blind eye and hoping things would get better

I have parented all my kids in the same way but they have all turned out differently. One is lazy, another has a very strong work ethic, one is musical, another is a statistician. If one of them murdered someone I would have to relieve myself of blame.

I would also hand them in if it came to it.

 

[Kiranerys]

What a difficult day tomorrow will be ... for Genie, first Mothers Day without Alesha No handmade card or painted plant pot excitedly carried home from school, hidden under green paper towels so as not to spoil the surprise. All the little things that have been stolen from her


And also sparing a thought for Janette ... a lot, during all this has fallen on her shoulders and very little on those of Aaron's father!

No tabloid photos of him doorsteped in his PJ's, not many questioning his parenting and asking him why he didn't do something, anything to stop his son.

Considering that, at the very time his only son was being arrested for the most horrific crime imaginable, when his wife and daughter too were thrown into a living nightmare, Chris was busy packing his bags and deserting his family ... I wonder if nature, played more part in Aaron than any nurturing his mother did or didn't do ...

I can't bear to think of poor Genie tomorrow.

I have definitely commented on Chris Campbells lack of parenting,he appears to be an all round waste of space!,he has been quoted as saying his son had no empathy at a young age and would appear to have buggered off to work on the rigs(Yes he needed to support his family,but that doesn't just involve earning a wage),left Janette to deal with everything(he must have had an idea of how life was at home)left his kids with a mum who was struggling with alcohol,and played the "I'm alright Jack" card,then when their lives went to hell in a handcart he ran as quick as he could and didn't look back.Top bloke!!

I don't think his mother didn't nurture him,and we don't know for sure she did nothing either,just because the media haven't reported it doesn't mean she didn't ask for help.

 

[Eve71]

I can't bear to think of poor Genie tomorrow.

I have definitely commented on Chris Campbells lack of parenting,he appears to be an all round waste of space!,he has been quoted as saying his son had no empathy at a young age and would appear to have buggered off to work on the rigs(Yes he needed to support his family,but that doesn't just involve earning a wage),left Janette to deal with everything(he must have had an idea of how life was at home)left his kids with a mum who was struggling with alcohol,and played the "I'm alright Jack" card,then when their lives went to hell in a handcart he ran as quick as he could and didn't look back.Top bloke!!

I don't think his mother didn't nurture him,and we don't know for sure she did nothing either,just because the media haven't reported it doesn't mean she didn't ask for help.

Thinking of genie for tomorrow...

Yes, he surely was a rat jumping a sinking ship. I’ve always dismissed the abuse rumours with regard to A.C. but I’m now starting to wonder....

 

[Cappuccino]

Defence lawyers can refuse...they’re a private practise . It’s the prosecution who get lumped with whatever. Defence always earn more than the prosecution, so most don’t really care though of course it’s always an extra bow to win. This case however was always a non starter, there was simply nothing to defend. I’m sure Mr Ian was happy to lose, not least because he knew his client was guilty but also the publicity was worth more then a million in advertising.

No a defence barrister cannot refuse a case unless he has a valid reason such as not being competent in the relevant area of law. They work on the cab rank rule, they don't pick and choose their clients in the way American defence attorneys do.

 

[Kiranerys]

I have parented all my kids in the same way but they have all turned out differently. One is lazy, another has a very strong work ethic, one is musical, another is a statistician. If one of them murdered someone I would have to relieve myself of blame.

I would also hand them in if it came to it.

I have to admit to being guilty of falling into the "he must have been doing really bad stuff before now" and just assuming she had covered for him etc,i should know better than to blindly believe media reports,especially tabloid rags!.My opinion has changed and i think that she has had a lot to cope with and this is a very complex case,there may have been signs,there may not although even if there were she couldnt have foreseen this,and non of us know what action she did or didn't take,so no,I don't blame her.
I still think the husband is a waste of space though.

 

[Eve71]

No a defence barrister cannot refuse a case unless he has a valid reason such as not being competent in the relevant area of law. They work on the cab rank rule, they don't pick and choose their clients in the way American defence attorneys do.

Yes, they can refuse to defend a client and they often do. Defense lawyers are private firms, payed for privately or left up to their client to apply for legal aid. It’s the prosecution who cannot refuse to represent the public, unless they have a valid ethical reason not to.

 

[Cappuccino]

Yes, they can refuse to defend a client and they often do. Defense lawyers are private firms, payed for privately or left up to their client to apply for legal aid. It’s the prosecution who cannot refuse to represent the public, unless they have a valid ethical reason not to.

No defence barristers can't refuse, they work on the cab-rank system. They can't break the rules of that system any more than a doctor in private practice can break the Hippocratic oath. Solicitors can pick and choose who they represent, barristers cannot whichever side of the courtroom they're on.

 

[Eve71]

No defence barristers can't refuse, they work on the cab-rank system. They can't break the rules of that system any more than a doctor in private practice can break the Hippocratic oath. Solicitors can pick and choose who they represent, barristers cannot whichever side of the courtroom they're on.

I’m going to have to log horns with you here because you’re wrong. A defence lawyer cannot refuse a case on discrimitory grounds, race, gender, sexuality etc, but it’s ultimately at their discretion which cases they do choose to represent. There is no law that states they have to take on a case they do not wish to represent.

There is absouloutely no comparison between doctors and lawyers. A very moot point.

 

[mrazda71]

Good explanation from wiki on the cab rank system

Cab-rank rule - Wikipedia

 

[Cappuccino]

I’m going to have to log horns with you here because you’re wrong. A defence lawyer cannot refuse a case on discrimitory grounds, race, gender, sexuality etc, but it’s ultimately at their discretion which cases they do choose to represent. Their is no law that states they have to take on a case they do not wish to represent.

There are, however, professional guidelines which they could be struck off if they breach, and those guidelines go beyond discrimination on grounds of race, gender, etc. Once a barrister is approached by a solicitor to represent their client they have to take the case unless have one of a few specified reasons to refuse, eg, if they're not competent in that area of law, if they're related to someone in the case, if they're not offered the going rate, that type of thing.

Solicitors have good working relationships with barristers and are likely to be able to identify the most suitable barrister to deal with your case. Assuming that the barrister identified is available and that there are no conflicts of interest, they are under a duty to take on your case (this is called the 'cab rank' rule).

About barristers

More info about the cab-rank rule....

Hearsay ... the electronic journal of the Bar Association of Queensland - In Defence of the 'Cab-Rank' Rule

 

[Ardoch]

I don't think you'd even get a choice, would you? I'm assuming AC was dependent on legal aid, and barristers who sign up to defend legal aid clients just have to work on the cab system where whoever's next in the queue of lawyers available has to take whoever's next in the queue of people needing a lawyer.

I agree it would be an experience to defend this case though.

I didn't know that was how it worked. Thanks

 

[Eve71]

There are, however, professional guidelines which they could be struck off if they breach, and those guidelines go beyond discrimination on grounds of race, gender, etc. Once a barrister is approached by a solicitor to represent their client they have to take the case unless have one of a few specified reasons to refuse, eg, if they're not competent in that area of law, if they're related to someone in the case, if they're not offered the going rate, that type of thing.



About barristers

More info about the cab-rank rule....

Hearsay ... the electronic journal of the Bar Association of Queensland - In Defence of the 'Cab-Rank' Rule

Thank you for the links.
In theory maybe but not in practice. There are many loopholes to be jumped through and if a barrister does not want a case he can choose not to take it on. There is lots of room for manouvere .

 

[Ardoch]

What a difficult day tomorrow will be ... for Genie, first Mothers Day without Alesha No handmade card or painted plant pot excitedly carried home from school, hidden under green paper towels so as not to spoil the surprise. All the little things that have been stolen from her


And also sparing a thought for Janette ... a lot, during all this has fallen on her shoulders and very little on those of Aaron's father!

No tabloid photos of him doorsteped in his PJ's, not many questioning his parenting and asking him why he didn't do something, anything to stop his son.

Considering that, at the very time his only son was being arrested for the most horrific crime imaginable, when his wife and daughter too were thrown into a living nightmare, Chris was busy packing his bags and deserting his family ... I wonder if nature, played more part in Aaron than any nurturing his mother did or didn't do ...

A good post and everything that I've thought too.

 

[Eezer Goode]

maybe when his taped confession is out there, you’ll be satisfied...

If it exists, i would be interested to hear it.

You do know that all convos with social workers, etc regarding this nature are recorded don’t you ??

I didn't know that but it wouldn't surprise me so i'll take your word for it.

Perhaps Lord Matthews can assure you they are ...he may even press play back......just for you!

Maybe he should have played them to himself before making up his own version of events.

 

[Ardoch]

Devils Advocate - what if CC had no option but to work away from home, had tried to instill some kind of discipline and structure but it wasn't carried through and he got so fed up that he gave up. Not defending nor criticising either CC or JC. I wonder how difficult AC was when he was young?

 

[Eezer Goode]

He’s a psychopath

Is he? Link please.

 

[TaylorCallum]

Is he? Link please.

He can't be diagnosed as one because he's under 18 but it was stated that he has multiple traits present on the psychopathy checklist such as lack of empathy, lack of remorse, sexually harmful behaviour etc.

I'm sure he'll be analysed again in just over a year when he turns 18. It's likely he'll get a diagnosis then.

 

[Eezer Goode]

I have to admit to being guilty of falling into the "he must have been doing really bad stuff before now" and just assuming she had covered for him etc,i should know better than to blindly believe media reports,especially tabloid rags!

It was a bit insensitive the way people on this thread chastised her. How could she predict that her polite, popular and bright lad would all of a sudden decide to brutally murder and rape a little girl? It doesn't happen in real life (except, it seems in this case).

I still think the husband is a waste of space though.

Why? What is it about the tabloid rag media reports that brings you to this conclusion?

 

[Kikixxxx]

It was a bit insensitive the way people on this thread chastised her. How could she predict that her polite, popular and bright lad would all of a sudden decide to brutally murder and rape a little girl? It doesn't happen in real life (except, it seems in this case).



Why? What is it about the tabloid rag media reports that brings you to this conclusion?

Well he wasn’t there at his sons trial was he? Nowhere to be seen. Says a lot ... I wonder why he wasn’t supporting his polite, popular and bright lad when he needed him most ey.

 

[Eezer Goode]

He can't be diagnosed as one because he's under 18

And why do you think that is?

he has multiple traits present on the psychopathy checklist such as lack of empathy, lack of remorse, sexually harmful behaviour etc.

The lack of empathy and remorse is dictated by the fact that he was denying the crime. The sexually harmful behaviour is related to the crime that he has been convicted of.

I'm sure he'll be analysed again in just over a year when he turns 18. It's likely he'll get a diagnosis then.

I don't doubt it. The diagnosis will be based, in part, on his history. Somebody who rapes and kills a little girl in cold blood and then finds it hard to stop himself laughing during the trial (where he plays games to cause more hurt) will almost certainly be on the way to a diagnosis of psychopathy.

Have you ever known a psychopath in real life? Do you know what the life of a psychopath is like? If you did, then you would know that AC is definitely not a psychopath. And the professionals know this.