AL Juzgado de Instrucción Nº 2 de Pozuelo de Alarcón. AUTOS:
Juan Pardo Navarro, mayor de edad, con D.N.I.
75206120F con domicilio en Calle, Sierra de Grazalema, 4 de Zurgena (04661) provincia de Almería.
Envío –adjunto parte de baja médica, de
momento no me puedo desplazar a Madrid, a este órgano judicial comparece y como
mejor proceda en Derecho, DIGO:
Que habiendo sido emplazado por el término
legalmente establecido en el procedimiento arriba referenciado, y por medio del
presente escrito solicita la SUSPENSIÓN
del término conferido, hasta la resolución de mi petición de Abogado de Oficio
y en su caso Procurador de Oficio.
En su virtud
SUPLICO AL JUZGADO.- Que teniendo por
presentado este escrito, se sirva admitirlo, y en su virtud, acuerde la suspensión
del término conferido hasta la resolución de mi solicitud de Abogado y en su
caso Procurador de Oficio.
Como que no tengo claro la presentación de
esta petición, el colegio de abogados de Madrid me dice que lo puedo presentar
en el de Almería, el de Almería que ha de ser en el juzgado y en Madrid, el
juzgado de Huércal Overa (Juzgado de mi término judicial) con mucha atención me
entrega modelo de petición y hasta domicilio…..Dice mi siquiatra: ………….envía
copia a cada uno de los entes y si te equivocas, con toda seguridad, yo también
me equivocaría, pero a Madrid, de momento, no puedes ir.
Es justicia que pido, en Madrid, 14 de
Febrero de 2019
Girlfriend, 18, of Alesha MacPhail's father denies having sex with teenage murder suspect, 16, and planting his DNA in a condom on the six-year-old's naked body
- Toni-Louise McLachlan, 18, gives evidence at trial of 16-year-old boy today
- Boy has blamed her for killing six-year-old Alesha MacPhail on Isle of Bute
- Alesha was found naked lying face down in woodland near abandoned hotel
- Boy denies murder, rape, child abduction and defeating the ends of justice
The girlfriend of Alesha MacPhail's father today denied having sex in a bus shelter with a 16-year-old boy charged with murdering the six-year-old girl.
Toni-Louise McLachlan gave evidence at Glasgow High Court today during the trial of the boy, who cannot be named for legal reasons and who has blamed her for killing Alesha on the Isle of Bute.
Ms McLachlan denied having sex with the boy in the bus shelter in 2017, as well as meeting him for sex in the middle of the night that Alesha went missing.
Alesha was found naked lying face down in woodland near an abandoned hotel on July 2, only hours after being reported missing from her grandparents' house.
The teen accused of murder, rape, child abduction and defeating the ends of justice denies all the charges against him at the High Court in Glasgow.
The court heard that Ms McLachlan, 18, learned on Monday that the teenager - who she admitted she used to sell drugs to - had blamed her for Alesha's murder.
Ms McLachlan denied meeting the accused in the middle of the night to have sex with him - then taking Alesha to the woods, attacking her and 'planting' the boy's semen from the used condom.
The series of events was put to her by defence, Brian McConnachie, who said she had 'brutalised' the little girl using an 'implement.'He asked her if she had sex with the accused in a bus shelter on the Isle of Bute in 2017, saying the teens shared a joint and Ms McLachlan confided in the alleged killer about domestic abuse. Ms McLachlan denied that had happened.
Mr McConnachie said: 'She didn't scream because a stranger came into the room, it was you.' Ms McLachlan said: 'No.'
The brief claimed that Ms McLachlan met the accused in secret the night before Alesha disappeared, and confided in the boy about alleged abuse from her boyfriend and the girl's father Robert MacPhail.
He said the pair had walked into a shed where they used a condom provided by Ms McLachlan, and the accused gave her a hoodie because she was cold.
The accused said that was the last time he had seen Ms McLachlan before Alesha was killed, the court heard.
Mr McConnachie accused Ms McLachlan of taking Alesha to the site of an abandoned hotel where the child was murdered and 'brutalised' with an 'implement'.
He then said the 18-year-old had 'planted' the condom with the accused's semen to implicate him. Ms McLachlan said: 'No.'
Ms McLachlan also said she had received a Facebook message at about 1.45am that she had missed a call from the accused. She tried to call him back around 6am because she thought it was 'strange'.
In a Facebook message exchange shown to the jury, Ms McLachlan asked the teen to 'keep an eye out for Rab's wee girl' - before the following exchange:
- Accused: 'Sorry doesn't matter '
- Toni McLachlan: 'Want to keep and eye out for Rab's wee girl x'
- Accused: 'Yh how what's happened?'
- Toni McLachlan: 'She's went missing...the police helicopter is out x'
- Accused: 'Am sure she's not gone too far x'
- Toni McLachlan: 'Hopefully x'
Asked if she had anything to do with Alesha's murder, Ms McLachlan replied: 'No.'
She told the court: 'I loved her to pieces.'
Ms McLachlan said that on the night Alesha disappeared, she got out of bed to go to the toilet before going into the room where Alesha was sleeping, and switching off the child's Peppa Pig DVD, the court heard.
She cried in the witness box as she recalled seeing Alesha sleeping, and said she fully closed the bedroom door.
Ms McLachlan admitted she 'used to sell weed' to the accused but stopped at his mother's request.
When asked how long she had sold cannabis to him, Ms McLachlan said: 'Not for a while, we had stopped selling to him because his mum told us to stop.'
She told the court: 'I just couldn't believe it, but I didn't think anything bad had happened. I had lived in Rothesay all my life and thought it was a safe place.
'I thought she might've been in the garden. Me and Robert went out. We walked around the park pit Ardbeg where she liked to play, we checked back gardens and sheds.
'From there we went into the town and we spoke to people at the ferry terminal and the shops.'
She said 'a lot' of people helped with the search.
When asked by advocate depute Iain McSporran QC whether she had anything to do with the murder, she replied: 'No.'
Ms McLachlan told the court she 'had a bad feeling' that the accused had phoned on the morning of Alesha's disappearance, and told a friend of her concerns.
Under cross-examination by defence brief Brian McConnachie, Ms McLachlan said she received messages all morning from people claiming the accused was responsible.
Ms McLachlan said: 'Yes, I did but I didn't think anything after he said he didn't think she would have gone far.'
She agreed that she told a friend, Lindsay Calderwood: 'I've got a bad feeling'.
And she denied that she had been the victim of domestic abuse from Alesha's father Robert MacPhail, saying: 'He's never raised a hand or I've felt I'm in danger.'
Ms McLachlan said she did not tell police about the couple's drug dealing as she did not think it was relevant.
She admitted the couple bought an ounce of cannabis for £200 - using her college bursary money, Mr MacPhail's benefit money and money occasionally provided to the two by each of their parents for living costs.
Asked about supplying cannabis to the accused via his younger sister, Mr McConnachie said: 'Instead of supplying to him you supplied it to his wee sister, who is 14.'
Ms McLachlan replied: 'Yes.'
But she claimed she did not know the girl was 14. Ms McLachlan claimed she originally didn't suspect anything because they had not sold cannabis to the accused is months.
She said: 'We didn't normally give him weed or anything at that time in the morning.'
Ms McLachlan told the court she called the accused on July 2 because she wanted to know why he had called in the middle of the night.
She said: 'It was strange the fact he was the only one that messaged in the middle of the night - it was weird. I was genuinely just wondering why he had wanted.'
The young woman added: 'I knew there was a dispute about money but it wasn't about that, it was because I didn't want my family to find out.'
And she said there was no significance to the kiss she put at the end of a Facebook message.
When asked by the accused's brief how it felt to be accused of murder, Ms McLachlan said: 'Horrible. I don't know how to take it. I'm sad, I'm angry, I'm full of emotions.'
Alesha's mother covered her face in the public gallery when the question was asked, and left the courtroom when her daughter's injuries were mentioned.
Ms McLachlan cried in the witness box when cross-examination ended.
The court also heard from the man who found Alesha's body. Jorge Williams recalled being shown pictures on Facebook of the missing child, and going out to look for Alesha.
He saw search parties combing the beach, so took a high road. Mr Williams said he looked up the steps and checked over wall and saw the girl's lifeless body.
He told the court he approached her body and checked her neck for a pulse, but there was none.
A police officer called to the scene of Alesha MacPhail's dead body cried as he recalled finding the little girl's bruised body 'a bit rigid', with blue lips.
Sergeant Martin Wilson gave evidence and said he was led to the scene by Mr Williams. He put on a pair of gloves before checking the child's neck for a pulse.
PC Wilson said: 'Her left arm was a bit rigid.' He added: 'There was bruising to her torso and her lips were blue.'
When asked by advocate depute Iain McSporran QC how the crime had affected him, PC Wilson said: 'I have a seven-year-old daughter.'
The officer, who was brought over to the Isle of Bute from his usual post on Argyll, told the court he cordoned off the woods with police tape.
He said he was stationed at the scene all day and all night and could only give limited information to the public.