Tragic Alesha dad’s girlfriend denies having sex with accused
Murder jury hears woman grilled by defence QC
THE partner of Alesha MacPhail’s dad was yesterday accused of having a sexual relationship with the teenager on trial for the sixyear-old’s murder – and planting evidence to incriminate him.
Toni McLachlan faced the claims from the defence lawyer of the 16-yearold boy, who denies abducting, raping and murdering Alesha on July 2 last year on the Isle of Bute.
Under questioning at the High Court in Glasgow, Toni, 18, denied she:
Had met the accused for secret sex “liaisons” in 2017;
Was jealous of Alesha because of the attention she got from her dad;
Had sex with the accused in a shed in the early hours of the morning Alesha was found dead, then:
Took Alesha from her bed and killed her;
Planted the accused’s semen on Alesha from the condom they had earlier used;
Later told a pal that Alesha being dead was “for the best”.
Alesha, from Airdrie, was found dead in woods in Rothesay after a huge search when she was reported missing.
Jurors have heard how the schoolgirl had been staying with her dad and grandparents on Bute last summer.
The 16-year-old accused – who cannot be named because he is under 18 – has lodged a special defence blaming Toni, who is the partner of Alesha’s dad Robert MacPhail.
Yesterday, defence lawyer Brian McConnachie challenged her in court about the killing.
The QC said: “You felt threatened by the time and attention Robert gave to Alesha?”
Toni replied: “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 “unhappy” at Alesha visiting.
McConnachie put it to Toni that she had sex with the boy in a shelter in Port Bannatyne, Bute, in late 2017.
The QC said: “For a period of time you and him met in secret for sex?”
Toni replied: “No.”
McConnachie claimed “liaisons” ended before Toni got in touch with the boy via Instagram in the early hours on July 2.
It was alleged they met and went for a walk before they had sex in a shed. Toni was said to have provided a condom.
McConnachie said the pair then apparently went their separate ways, adding: “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 replied: “No.” The QC said Alesha did not “scream” as she knew Toni. He added: “You took her to the area she was found. You had with you the condom the boy used. You attacked Alesha... brutalised her.” She replied: “No.” McConnachie suggested Toni “effectively planted” evidence in Alesha.
The advocate asked: “You murdered her?” Toni again said: “No.”
The trial also heard Toni was with a pal chatting about Alesha the day after she was found. McConnachie asked: “Were you talking about what happened and you said, ‘It’s for the best’”?
Toni: “No, I did not say that. Why would I think Alesha not being with us is for the best?”
Earlier yesterday, 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 on July 1. The teenager then remembered later switching off the now sleeping girl’s Peppa Pig DVD.
Toni was wakened the next day, when it emerged Alesha was missing. A search then began to try to find the child.
McSporran asked: “How were you feeling?” Toni said: “I could not believe it but I did not think anything bad had happened as I always thought Rothesay to be a safe place.”
The court heard Alesha’s naked body was discovered in woodland by local resident Jorge Williams at 8.54am. About that time, Toni was in contact with the 16-year-old boy on trial. She knew him from the area – both she and Robert had previously sold him cannabis. The boy had initially tried to contact Toni in the early hours – at 1.47am and 1.48am.
But 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: “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.”
McSporran went on to ask when Toni first learned she was being blamed for the murder and rape. She replied it was Monday this week.
The prosecutor asked: “You now know that it’s said you are responsible. Did you have anything to do with Alesha’s murder?” She replied: “No.” 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.
Under re-examination, 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.”
McSporran said jurors will hear
Alesha suffered “appalling” injuries. Toni then became upset before the QC asked if she was OK. She sobbed: “No, but as well as I can be.” Bute resident Jorge, 30, later said it was he who found Alesha’s body after helping to search for her. He recalled: “It was against a tree I found Alesha. I approached, crouched down and put my fingers on her neck to try to find a pulse.” Alesha was already dead. The witness dialled 999, telling the operator: “I’ve found the wee girl.” Jurors went on to hear how police first spoke to the accused 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 gave 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”.
Asked in court by McSporran how the accused presented himself, McKellar replied: “Confident.”
McSporran asked: “Did he seem overawed by the presence of detective officers?”
McKellar replied: “Not at all.”
Asked about his movements on July 2, the boy 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.
McSporran asked the officer: “Was there no mention of meeting a girl to have sex with her?” McKellar replied: “No.” The trial continues.
Alesha knew I loved her and that is what I am trying to keep in my head TONI McLACHLAN