THESE WERE HORRIFIC AND VILE CRIMES... YOUR LACK OF REMORSE IS STAGGERING
YOu were found guilty of the abduction, rape and murder of Alesha MacPhail, a six-year-old child. Merely stating that fact is horrific enough, but the circumstances surrounding these vile crimes and the manner of their commission have quite rightly aroused revulsion and disbelief that these sorts of things could happen.
Alesha had just arrived on Bute to spend a holiday with her father and grandparents and had gone to bed, apparently safe in her own room.
You went into the house and then her bedroom. You removed her from there and took her to a secluded spot, where you violated and murdered her in the most brutal fashion. The details of that were revealed in the evidence and I do not intend to go over them again.
Your attitude was clearly demonstrated by the evidence that you posted an image of yourself in a mirror while making a joke that you had found where the murderer was hiding. The arrogance and callousness of that is breathtaking.
Thanks to the dedication of the police and forensic scientists, ably assisted by members of the public, such as those who came forward when they found articles of your clothing on the shore, you were eventually brought to justice.
Despite the overwhelming evidence against you, you did not plead guilty but elected to go to trial. That was your right and I do not increase your sentence because of it.
However, it is symptomatic of your staggering lack of remorse. Not once during the trial did I detect a flicker of emotion from you and that was also the experience of the professionals who interviewed you for the purposes of the reports, to which I will turn shortly.
Your defence was one of incrimination of a young woman, Toni-Louise McLachlan, and you gave evidence in support of it. It was a cruel travesty of the truth which was understandably reported widely in the media and left her open to suspicion, at the very least, and quite possibly hatred, all of which was due to your perverted machinations.
As I said to the jury after they returned their verdict, counsel do not make up defences but present the case on the basis of their instructions. It is obvious what your instructions were and your evidence was entirely in keeping with them, albeit it was a tissue of lies.
IT DOES not go too far, therefore, when I say that I was shocked when I saw the contents of the Criminal Justice Social Work report and the report from Dr [Gary] Macpherson, the consultant forensic clinical psychologist. Each of these reports contains clear admissions by you of your guilt. Not only that, and this is a terrible thing to say of one so young, but they paint a clear picture of a cold, callous, calculating, remorseless and dangerous individual.
I do not intend to go into every detail of the reports or of your admissions since much of it would, I think, be distressing and much of it merely confirms some of the evidence which was led. However, it is right that the public, and more particularly her family, be given some flavour of the contents.
Dr Macpherson noted that you presented your account in a matter-of-fact manner notable for the absence of any emotions. He recorded that you told him that in the 12 months prior to the murder, you entertained thoughts of ‘doing something excessive’, including rape.
Your account in brief was that you had been drinking but wanted cannabis and decided to break in to the house to get some. You took a kitchen knife because you wanted to protect yourself but having gained entry you left the house and disposed of it. You returned to the house and entered Alesha’s bedroom.
Dr Macpherson records that you told him you had consumed one-and-a-half bottles of wine between 8pm and 8.30pm but did not feel intoxicated, although you told the social worker you still felt the effects of it. You were not under the influence of illicit substances.
He records that when you saw Alesha your reaction, according to you, was: ‘A moment of opportunity... At any other time in life, murder wouldn’t have been the conclusion.
‘If I was a year younger I don’t think I would have done it... All I thought about was killing her once I saw her.’
You told both Dr Macpherson and the social worker in some detail what you did. You said Alesha was drowsy and became a bit more awake when you went outside. She asked who you were and where you were going. You said you were a friend of her father’s and that you were taking her home.
You gave her your top because she was cold. I will not go into the horrific and cold-blooded details of what you said you did to her but you explained that after you murdered Alesha, you threw your blood-stained clothing into the sea, had a shower and then went back where you left her to retrieve your phone.
Dr Macpherson reports you told him that, over the next few days, you were unconcerned other than to be mildly amused police had not arrested you.
Two other aspects of his report are worth mentioning.
The first is that you told him that at points during the trial it took everything to stop you laughing and you had to zip your mouth.
The second is that you volunteered that you were quite satisfied with the murder.
According to all of the reports, you are not suffering from any mental health disorder and are not suffering from any syndrome or disorder of any kind.
You are completely lacking in victim empathy, the social worker noting your cold, calculating manner.
The only sentence I can impose on you is detention without limit of time.
In addition, you will be subject to the notification provisions of the Sexual Offences Act 2003 for an indefinite period.
I also have to specify a period which must pass before you can apply for release on parole.
Whether you will ever be released will be for others to determine but as matters stand a lot of work will have to be done to change you before that could be considered. It may even be impossible.
The period I select is known as the punishment part of the sentence and its purpose is to satisfy the requirements of retribution and deterrence.
The parole board will deal in due course with the protection of the public.
I have taken account of the circumstances of the offences, the contents of the reports and everything said on your behalf.
I am conscious you are a child. The desirability of the child’s reintegration into society must also be taken into account.
THE nature of these appalling offences and what I have read in the reports make it clear that reintegration and rehabilitation, while important considerations, are remote possibilities and neither your best interests nor anyone else’s will be served by a speedy return to the community.
Nonetheless, the punishment part will not be as long as it would have been had you been an adult.
Your sentence will run from July 6, 2018. You will be detained without limit of time. I fix the punishment part at 27 years.
This is an edited version of Lord Matthews’s speech.