Alesha MacPhail: accused told 'pack of lies' - jury hears
Prosecutor Iain McSporran QC made the comment during his closing speech at the High Court in Glasgow
Last updated 25th Feb 2019
The boy accused of killing Alesha MacPhail has told a “pack of lies” as jurors were urged to convict him of murder.
Prosecutor Iain McSporran QC made the comment during his closing speech at the High Court in Glasgow.
Mr McSporran said the they had listened to “one of the worst cases” a jury has had to hear.
He added the evidence would provoke “revulsion” - but that jurors should not be swayed by emotion.
The 16 year-old is on trial accused of abducting, raping and murdering Alesha last July 2 on the Isle of Bute.
In a near-hour speech, Mr McSporran said the court was dealing with an “extraordinarily important matter”.
But, he added: “The rape and murder of this girl is bound to attract emotion and revulsion, but that can play not part in the process.”
The court has heard Alesha suffered 117 injuries and that the girl had been “brutalised”.
Her naked remains were discovered in the grounds of the former Kyles Hydro Hotel on Bute on July 2.
Mr McSporran said: “This must have been one of the worst cases to have come into as a jury to hear.”
He added it had involved “deeply disturbing and distressing” evidence as well as “dreadful” photos.
The advocate depute: “Something terrible was done to that girl.”
Mr McSporran spoke of how Alesha had been attacked adding: “It gives me no pleasure to have to speak in those terms.”
The teenager has pinned the blame on Toni McLachlan - the partner of Alesha dad Robert MacPhail.
It is claimed she effectively “planted” evidence to fit-up the teenager.
The boy alleged having sex with Toni on July 2 and that she must have taken a condom he used with her to put his DNA at the murder scene.
In evidence, he claimed he later told police of going for cannabis that morning, so no one would know about him and Toni being together.
But, Mr McSporran said: “He spun a yarn, a pack of lies. He has also told a pack of lies in the witness box.”
The boy had also claimed Toni may have been “fantasizing” about harming Alesha.
The advocate depute said no one else had come up that suggestion.
He added: “He introduced that into evidence. It was his comment, his word.”
Mr McSporran spoke on what Toni's thoughts may have been, if she had committed the crime.
He said: “ 'Right, my jealousy knows no bounds...Alesha, you come with me.'
“ 'Three stone, four pounds, carry you into a wooded area where I murder you, brutalise you and smother you to death.”
The jurors heard Toni would had to have been “very clever and very cunning”.
But, the advocate depute claimed what the boy suggested was “preposterous”
Toni denied in evidence any part in the murder insisting she “loved” Alesha.
Mr McSporran asked could he say what the boy's “intentions” were.
But, he said the teenager had “more than enough time” that morning to carry out the crime.
Mr McSporran concluded by asking jurors to find the boy guilty adding there was a “mountain of evidence” against the teenager.
The boy’s QC Brian McConnachie later asked for the boy to be acquitted.
He told jurors: “There will be people sitting out there who would return a verdict of guilty after reading the indictment, just by the nature of the charge - but that would be wrong.”
The QC added it was not a case of the teenager versus Toni McLachlan.
He said: “This is not a whodunnit.”
Mr McConnachie suggested, if guilty, the boy had gone into the MacPhail family home at night where four adults were.
He went on: “So, he has taken it upon himself to enter the house for whatever purpose.
“He then chances upon the room where Alesha is and opens a squeaky door to gain entry.
“Goes in and, whatever condition Alesha is in, he picks her up and took her out.
“A girl, according to Toni McLachlan, who would scream if a stranger came into the room.”
The QC also accused the prosecution of “trying too hard to make something out of nothing”.
He gave the example of the comment the boy apparently once made of killing for the “lifetime experience”.
Mr McConnachie said any remark was “rubbish”.
Jurors again heard of the selfie style video the boy is said have recorded the day Alesha went missing.
An added message read: “Found who’s done it”.
But, the QC said: “This was a video only of interest to anyone at all after he was arrested.
The trial continues