UK - Alesha MacPhail, 6, raped & murdered, Ardbeg, Isle of Bute, Scotland, 2 Jul 2018 -teen arrested

[Tortoise]

Agreed.

If I’m going into the local drug dealers house for whatever the nefarious reason, I’m not going in empty-handed. So I think it’s hard to determine from that his intention was Alesha.

I think sexual assault of a 6 year old is so specific an offence as to make it less of an opportunistic act. IMO.

 

[Joannieanderson]

I think he planned to go in for alesha. Would you really risk going in and waking up the grandparents the dad and GF and alesha for some dope? I think he knew where she was sleeping and went in with the knife to threaten her and take her

 

[neteditor]

I think sexual assault of a 6 year old is so specific an offence as to make it less of an opportunistic act. IMO.

That is an excellent point.

 

[LittleMystery]

I think sexual assault of a 6 year old is so specific an offence as to make it less of an opportunistic act. IMO.

I’m not in anyway discrediting the crime by not being entirely sure of intent at the minute. I hope they lock him away for a very long time.

But in the same point as yours, if we are being led to believe it was some form of retaliation, sexual assault of a 6 year old is a very specific offence.

If it was just to satiate urges, then why Alesha?

There’s obviously still a lot to come forward.

 

[HayLouise]

An interesting comment/clarification here

ssc.president‏ @PresidentSsc

To anyone reading about the Alesha MacPhail murder case on the BBC website: the definition of the "special defence" is not correct. It is not the function of the jury to "accept" the defence.

2. It is a notice to the Crown of the specific position taken by the accused. It does not impose any burden of proof on the accused nor dies it alter the requirement that the prosecution prove guilt.

ssc.president on Twitter

3. A jury is perfectly entitled to disbelieve a special defence and also to conclude that the prosecution has not proved its case. The accused is not even required to lead evidence in support of the special defence.

ssc.president on Twitter

 

[Alyce]

How odd... I can understand the part about the Jury being allowed to discount this defence...but I find it completely bizarre that the defence can put forward this claim but are not then obligated to provide any proof for their accusation.

 

[Ironside]

Agreed.

If I’m going into the local drug dealers house for whatever the nefarious reason, I’m not going in empty-handed. So I think it’s hard to determine from that his intention was Alesha.

In fairness her Dad wasn't some Eastenders type massive dangerous drug dealer. It sounds like he was just selling a bit of low quality cannabis here and there. Most small time cannabis dealers aren't crazed violent criminals and you certainly wouldn't need to be armed with a knife to be around them.

I really think this all developed from some massive grudge the accused had against the dad and girlfriend combined with whatever insane sexual urges the accused had.

 

[LittleMystery]

In fairness her Dad wasn't some Eastenders type massive dangerous drug dealer. It sounds like he was just selling a bit of low quality cannabis here and there. Most small time cannabis dealers aren't crazed violent criminals and you certainly wouldn't need to be armed with a knife to be around them.

I really think this all developed from some massive grudge the accused had against the dad and girlfriend combined with whatever insane sexual urges the accused had.

I don’t watch Eastenders so I wouldn’t know. I am pretty familiar with the behaviour of drug dealers in Scotland though and drug dealers, small or big time tend to be pretty protective of their stash as stash = money. I didn’t mean to be around them, I meant to break into their house. Also, this is a 16 year old breaking into the house of adults, it’s quite possible he felt he needed protection because of that.

Anyway this is all speculation. All I said was I would need to know more before I could be certain his intention on entering the house was for Alesha.

Whether it was or it wasn’t, he still had to have the capacity to carry out what he did.

 

[Ironside]

Right I've been thinking about the special defence. I think the accused may have been advised to go for this to sow some seeds of doubt in the jury's heads - probably his only chance of getting off with it. Coming from the defences point of view an unrelated person in close contact with the child who is known for dealing drugs was watching at night just metres away from the child, it does sound a bit dodgy.

My worry is that the forensics are perhaps weak and this defence could work.

 

[LittleMystery]

Right I've been thinking about the special defence. I think the accused may have been advised to go for this to sow some seeds of doubt in the jury's heads - probably his only chance of getting off with it. Coming from the defences point of view an unrelated person in close contact with the child who is known for dealing drugs was watching at night just metres away from the child, it does sound a bit dodgy.

My worry is that the forensics are perhaps weak and this defence could work.

It is confusing how this would benefit him though. Isn’t the Dad a straight-up alibi then?

I was wondering if more is to come. Like the suspect is going to say he was coerced into it by the person they have named.

 

[Ironside]

It is confusing how this would benefit him though. Isn’t the Dad a straight-up alibi then?

I was wondering if more is to come. Like the suspect is going to say he was coerced into it by the person they have named.

I think you could be right. It's a "wicked stepmother" defence.

 

[Taskforce88]

So the person that was named was 'nearby', but wasn't watching with the father?

 

[Ironside]

So the person that was named was 'nearby', but wasn't watching with the father?

No. Father and partner watched together.


Source here
Public walk out of murder trial after pictures of girl, six, are shown to jury | Daily Mail Online

 

[Jason-d-h-1990]

What I am trying really hard to fathom is how the accused managed to know that he would be able to access the house, who slept where and that he would manage to get access to the poor child and take her without waking anyone as the father states accused never entered property?

 

[Taskforce88]

No. Father and partner watched together.


Source here
Public walk out of murder trial after pictures of girl, six, are shown to jury | Daily Mail Online

Ah right, cheers

 

[Taskforce88]

I see the woman has been named, I'm trying to catch up

 

[mrazda71]

Right I've been thinking about the special defence. I think the accused may have been advised to go for this to sow some seeds of doubt in the jury's heads - probably his only chance of getting off with it. Coming from the defences point of view an unrelated person in close contact with the child who is known for dealing drugs was watching at night just metres away from the child, it does sound a bit dodgy.

My worry is that the forensics are perhaps weak and this defence could work.

The defendant who raped and murdered Viktoija Sokolva in Wolverhampton - tried this defence by casting doubt on the step Dad (she had Step dad DNA semen trace on her clothing) and Mother. Thankfully the jury saw through it and found him guilty - step Dad was never suspected by police and his sentencing is on Feb 22nd ...

I think this boy needs locking up for a whole life sentence along with Viktorijas 16 year old killer.

 

[dotr]

Curious if the accused looks similar to AM?

 

[mvadhia]

Sibling rivalry

 

[HayLouise]

LISTEN: My full report for @HeartScotNews on the first day of evidence in the Alesha MacPhail murder trial in Glasgow.


The 16-year-old accused of raping and murdering the child last July on the Isle of Bute continues to deny the allegations. The trial will continue tomorrow.

Fraser Knight on Twitter

(Audio at link)