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

[Edinlass]

OT...BBC NEWS | UK | Scotland | Appeal court clears paper's story

Gives details here r.e. Luke Mitchell’s identity. This was over 10 year ago now though remember, laws will have changed dramatically regarding naming anyone under 18. The Aberdeen press & Journal were actually taken to court over naming him but cleared of any wrongdoing due to not mentioning court proceedings in their article.

 

[HayLouise]

Next witness is Sarea McGillvery who found a dark Nike jumper on the beach while walking her dog. It was a XL size but “a youth’s size”.


“It looked out of place”


It struck her it could be significant as she was aware a 16 year old had been arrested.

Connor Gillies on Twitter

 

[53J29]

Nope, he’ll never be named.

What is the most we can expect on his sentencing, can we see him take the stand or is his defence team not allowed to do that.

 

[mrazda71]

Yes it definitely may play a part mixed with everything you mentioned, it’s not to blame. Let’s not give physchopaths an excuse.

No one, at all has said that is WHOLLY to blame in this kind of case.

Psychopaths don't need an excuse - they are what they are ... but make no mistake - even with Psychopathy - some end up as rapists and murderers and some end up as very successful, non murdering business leaders - again- ingredients for the crazy cake.

 

[HayLouise]

10:59

Dog walker 'came across "tightly compacted" clothing'

The court has now heard that a dog walker came across “tightly compacted” clothing on the beach.

Witness Glynn Williams tells jurors he was walking his pet with his wife in Rothesay when they discovered the items.

The jury is told the clothes were covered in seaweed. Mr Williams later flagged the find to police.

Alesha MacPhail trial updates as accused teen appears in court for fifth day

 

[HayLouise]

She led police to the beach to find the Nike jumper. Witness says the officer remarked that he “didn’t think it was relevant to the case” but he would collect it and bag it anyway.

Connor Gillies on Twitter

 

[HayLouise]

Sergeant Anthony Hannah next in witness stand.


Was on shift when report came in about Alesha being missing.

Connor Gillies on Twitter

 

[Edinlass]

What is the most we can expect on his sentencing, can we see him take the stand or is his defence team not allowed to do that.

I was wondering about him taking the stand aswell, that will be up to the defence I think? Unless there is restrictions again because of his age. I hope he doesn’t have the chance to open that mouth if I’m honest, will all just be lies anyway.

I think he will receive a whole life sentence for a murder charge but in Scotland this is anything between 17 - 30 years without any other mitigating factors which this case does (rape, defeating the ends of justice etc). Basically it’s at the judges discretion...

 

[HayLouise]

Sgt Hannah says coastguard volunteer told him he’d found a knife on beach outside property.


Instructed area be cordoned off. Police then took pictures and retrieved the knife.

Connor Gillies on Twitter

 

[Edinlass]

She led police to the beach to find the Nike jumper. Witness says the officer remarked that he “didn’t think it was relevant to the case” but he would collect it and bag it anyway.

Connor Gillies on Twitter

FFS Police Scotland

 

[Alyce]

I don’t think we know yet if he’s being tried under the adult criminal or CSO do we? It may be up to the judge as to the course of action he wants to take. Hopefully he’s so utterly disgusted he doesn’t give him anonymity for life.

Have not seen anything to say whether he is being tried as adult or child. Whichever it is, I do hope he is named.

 

[gc105]

Can the judge not decide to lift the anonymity order after he is found guilty?

Daniel Stroud who was found guilty of killing Bailey Gwynne in an Aberdeen high school had his anonymity lifted on his 18th birthday.

I find it utterly abhorrent that this 16 year old is protected/given anonymity but can accuse another person of the crime in his defence, and said person is openly NAMED in court! It’s baffling...

 

[53J29]

CCTV shows a person seen carrying what appears to be a child legs shown hanging down was that said person not wriggling shouting screaming as it also stated that she died at the place found

How could he have been so cold and calculating, and for no apparent reason he took steps that night to carry out such an evil deed which appears to have manifested and grown to blame another.

 

[Alyce]

She led police to the beach to find the Nike jumper. Witness says the officer remarked that he “didn’t think it was relevant to the case” but he would collect it and bag it anyway.

Connor Gillies on Twitter

Thank goodness the witness had a bit more foresight !

 

[Alyce]

I was wondering about him taking the stand aswell, that will be up to the defence I think? Unless there is restrictions again because of his age. I hope he doesn’t have the chance to open that mouth if I’m honest, will all just be lies anyway.

I think he will receive a whole life sentence for a murder charge but in Scotland this is anything between 17 - 30 years without any other mitigating factors which this case does (rape, defeating the ends of justice etc). Basically it’s at the judges discretion...

Was just discussing this earlier and thought you would be the person to ask !
If he goes to the youth facility / prison until age 21 ? would he go there on the basis of the Judge saying, you stay there until 21 and then, after that time, your ongoing sentence will be determined ?
Or will the Judge give him the full sentence straight away

adding a note here to say that all my above comment is based on there being a guilty verdict

 

[HayLouise]

Sgt Hannah tells jury later in the week a witness reported seeing jumper on beach. He collected and bagged item.


He was told there was “nothing outstanding” as police had made an arrest.


Went back to police station and “discarded item” in skip.

Connor Gillies on Twitter

Detectives later informed him the hooded top was of interest to investigation.

Connor Gillies on Twitter

Defence asks Sgt if it was “a bit reckless to discard item”. Witness denies this as he had no information that clothing was outstanding as part of murder inquiry.

Connor Gillies on Twitter

 

[Alyce]

CCTV shows a person seen carrying what appears to be a child legs shown hanging down was that said person not wriggling shouting screaming as it also stated that she died at the place found

From what I recall of yesterday's testimony, the wording used was legs hanging down and moving .....which could just indicate legs moving from side to side with the motion of being carried. But as the cctv is from a house overlooking the coast road, so a reasonable distance away, I am not sure any shouting would be heard unless very loud.

 

[Ironside]

In my home theres me, my 26 year old, 23 year old insomniac, often my 20 year old home from uni and then also often her 20 year old partner (they've been together nearly 5 years and he's one of the family) my 10 year old son AND ... a few pets ...

I used to be THE lightest sleeper when any of my children were younger but now? Not at all so! My son has always slept like the dead and never been a night or even early morning waker and my 23 year old is ALWAYS up and down to the loo or kitchen ...

I think when you live with other adults, you don't wake at the slightest sound...

AND ... if you think you'd automatically wake if someone let themself into your home at night ... watch Michael McIntyres BBC show ... he let's himself and a film crew and a trio of 'celebrities' into sleeping peoples houses every week (with the permission and keys of one half if the partnership) AND the victim doesn't stir until Michael literally turns on the lights and starts talking ...

I don't think think a totally staged entertainment show is a good example.

However I once slept through a massive house fire a few doors down from me. Didn't hear a thing even though there were people jumping out windows, lots of fire engines etc.

 

[Alyce]

Sgt Hannah tells jury later in the week a witness reported seeing jumper on beach. He collected and bagged item.


He was told there was “nothing outstanding” as police had made an arrest.


Went back to police station and “discarded item” in skip.

Connor Gillies on Twitter

Detectives later informed him the hooded top was of interest to investigation.

Connor Gillies on Twitter

Defence asks Sgt if it was “a bit reckless to discard item”. Witness denies this as he had no information that clothing was outstanding as part of murder inquiry.

Connor Gillies on Twitter

Went back to police station and “discarded item” in skip.

Oh goodness ! just when you think it cant get any worse

 

[neteditor]

Went back to police station and “discarded item” in skip.

Oh goodness ! just when you think it cant get any worse

Well that solves the puzzle of why the item was in the skip at the police station!