Woman denies killing six-year-old Alesha MacPhail
Toni McLachlan, 18, was giving evidence at the High Court in Glasgow at the trial of a 16-year-old boy accused of raping and murdering the schoolgirl
Last updated 20th Feb 2019
The woman blamed for the murder of Alesha MacPhail denied being responsible - and told jurors: “I loved her to bits.” Toni McLachlan (18) refuted claims she “brutalised” the six year-old then “planted” evidence to incriminate a teenage boy now on trial for the killing.
The 16 year-old is accused of abducting, raping and murdering Alesha last July 2 on the Isle of Bute.
He has lodged a special defence blaming Toni - the partner of Alesha's dad Robert MacPhail.
Toni denied killing the girl because she was “jealous” of the attention Robert gave his daughter.
She also knocked back suggestions she had sex with the 16 year-old boy hours before Alesha's body was found in woodland.
Jurors earlier heard how Alesha had been staying with her dad and grandparents on Bute last summer.
Prosecutor Iain McSporran QC asked Toni: “How did you get on with Alesha?”
She replied: “Got on really well - I loved her to pieces.”
Toni - who lived with the family - recalled giving Alesha a kiss and cuddle in her bed last July 1.
The teenager then remembered later switching off the now sleeping girl's Peppa Pig DVD.
Toni was wakened the next morning when it emerged Alesha was missing.
A frantic search then began to try and find the child.
Mr McSporran: “How were you feeling?”
She said: “I could not believe it, but I did not think anything bad had happened as always thought Rothesay to be a safe place.”
The court heard how Alesha's naked body was eventually discovered in woodland by local resident Jorge Williams at 8.54am that morning.
Around that time, Toni was in contact with the 16 year-old boy on trial.
She knew him from the area - both herself and Robert MacPhail had previously sold him cannabis.
The boy had initially tried to contact Toni in the early hours.
Jurors were then shown messages between the pair later that morning.
Toni stated: “Want to keep an eye out for Rab's wee girl please.”
He replied: “Yh how - what's happened.”
Toni: “She's went missing from house. Police are looking for her and helicopter is out.”
The boy: “Oh damn. Am sure she's not went too far x”
Mr McSporran went on to ask when Toni first learned she was being blamed for the murder and rape.
She said Monday of this week.
The prosecutor: “You now know - through his defence team - that its said you are responsible. Did you have anything to do with Alesha's murder?”
She replied: “No.”
Mr McSporran: “Did you love Alesha?”
Toni: “To bits.”
The court heard claims Toni had said to a friend she had a “bad feeling” about the boy on trial.
But, Brian McConnachie, defending, went on to challenge Toni about the killing.
The QC: “You felt threatened by the time and attention Robert gave to Alesha?”
Toni: “No, I always knew that Alesha would come first. I knew that if I got into a relationship with Robert, I would have to accept both.”
She denied being “obsessive” about that or was “unhappy” at Alesha visiting.
Mr McConnachie claimed Toni had sex with the boy in a shelter in Port Bannatyne, Bute in late 2017.
The QC: “For a period of time you and him met in secret for sex?”
Toni: “No.”
Mr McConnachie claimed “liasons” ended - before Toni got in touch with the boy via Instagram in the early hours on July 2.
It was alleged they met, went for a walk before they had sex in a shed. Toni was said to have provided a condom.
The QC said the pair then apparently went their separate ways.
Mr McConnachie: “You were jealous of Alesha, For whatever reason, you went back to the house. You are the one that took Alesha out of her bed.”
Toni: “No.”
The QC said Toni did not “scream” as she knew Toni.
He added: “You took her to the area she was found. You had with you the condom that the boy used. You attacked Alesha...brutalised her.”
She replied: “No.”
Mr McConnachie suggested Toni “effectively planted” evidence in Alesha.
The advocate: “You murdered her?”
Toni again said no.
Under re-examination, prosecutor Mr McSporran again asked how she felt to be blamed for the killing.
Toni: “Horrible especially when it is someone you loved. She knew I loved her and that is what I am trying to keep in my head.
“I don't know how to feel...sad, hurt, angry.”
Mr McSporran said jurors will hear Alesha suffered “appalling” injuries.
Toni then became visibly upset before the prosecutor asked was she ok.
She sobbed: “No, but as well as I can be.”
Bute resident Jorge Williams later told how it was him who discovered Alesha's body.
The 30 year-old had joined the hunt at the time to find the child.
It was after 25 minutes of searching the area, he spotted the naked body in woods.
He recalled: “I was 10 paces from the top of steps - it was against a tree that I found Alesha.
“I approached her, crouched down and put fingers on her neck to try and find a pulse.”
Alesha was already dead.
Mr McSporran: “Did it take a while to compose yourself?”
Jorge: “Yes.”
The witness dialled 999 telling the operator: “I've found the wee girl.”
After completing his evidence, Lord Matthews told him: “Clearly, you are the salt of the earth and grateful for what you tried to do.”
It was Sgt Martin Wilson who was flagged down by Jorge and taken to the body.
The officer said he also checked if Alesha was alive, but could find no pulse.
Mr McSporran: “Despite encountering dead bodies in your career, this is a particularly upsetting one for you?”
Sgt Wilson: “Yes, I have a seven year-old daughter myself.”
Jurors went on to hear how detectives first spoke to the boy at his home in the early hours of July 3.
This was after police had been contacted by the teenager's mum.
The 16 year-old went on to provide a "witness statement" in connection with the Alesha probe.
DC Gavin McKellar recalled how the boy had asked for his mum to "leave the room".
Prosecutor Mr McSporran asked the officer: "How did he present himself?"
DC McKellar: "Confident."
Mr McSporran: "Did he seem overawed by the presence of detective officers?"
He replied: "Not at all."
Asked about his movements on July 2, he said he had gone out in the early hours to buy cannabis before returning home "stoned".
The boy added it was later that he learned Alesha was missing.
Mr McSporran asked the officer: "Was there no mention of meeting a girl to have sex with her?"
DC McKellar: "No."
The trial continues.