Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

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3:06pm
David McLachlan QC is now opening the case for the prosecution.

3:08pm
Mr McLachlan is addressing the jury: "I prosecute the case along with Mr Driver, who is in another court.

"The defendant is now 17 years of age. At the time of the events he was 16 years of age.

"He is represented by Mr Fennalls and another barrister Mr Stuart who is in another court watching these proceedings."



Live updates from court as Lindsay Birbeck murder re-trial begins
 
3:22pm
Mr McLachlan is telling the jury that during the course of the case they will be assisted by watching CCTV footage from various places including from around the Burnley Road area in Accrington and also from a timeline which tells the story of what happened between Monday August 12 and October 9 2019.


Anyone know why this is the timeframe ?
 
Alyce said:
3:22pm
Mr McLachlan is telling the jury that during the course of the case they will be assisted by watching CCTV footage from various places including from around the Burnley Road area in Accrington and also from a timeline which tells the story of what happened between Monday August 12 and October 9 2019.


Anyone know why this is the timeframe ?
Click to expand...
I was just thinking the same??
 
On August 17, at 1.48 pm, the defendant walked along Whitewell Road in the direction of Burnley Road before turning right on Burnley Road before the Whitakers Arms.

Mr McLachlan says that several witnesses saw a male pulling a wheelie bin which appeared to be heavy.

He says: "The reason for this is simple: the wheelie bin now contained the body of Lindsay Birbeck."

He tells the jury that the defendant was moving it from one place - The Coppice - to another - Accrington Cemetery off Burnley Road.

Mr McLachlan continues to explain that at 2.33pm the defendant was observed on camera pulling the blue wheelie bin down the side of the Whitakers Arms and across Burnley Road.



Am wondering why it took him over half an hour to reappear with the bin ( and LBs body ).
From the PM it seemed clear that LB had been placed in the bin shortly after death, so he had only to collect the bin and walk back to the main road - 5 minutes or less.
 
Alyce said:
On August 17, at 1.48 pm, the defendant walked along Whitewell Road in the direction of Burnley Road before turning right on Burnley Road before the Whitakers Arms.

Mr McLachlan says that several witnesses saw a male pulling a wheelie bin which appeared to be heavy.

He says: "The reason for this is simple: the wheelie bin now contained the body of Lindsay Birbeck."

He tells the jury that the defendant was moving it from one place - The Coppice - to another - Accrington Cemetery off Burnley Road.

Mr McLachlan continues to explain that at 2.33pm the defendant was observed on camera pulling the blue wheelie bin down the side of the Whitakers Arms and across Burnley Road.



Am wondering why it took him over half an hour to reappear with the bin ( and LBs body ).
From the PM it seemed clear that LB had been placed in the bin shortly after death, so he had only to collect the bin and walk back to the main road - 5 minutes or less.
Click to expand...
I imagine that after he killed her he had that 'Oh shoot, what do I do now' moment most killers have. Then he had to look around and find the bin and put her in it. I can see that taking some time. Moo
 
Mind your biscuits said:
I imagine that after he killed her he had that 'Oh shoot, what do I do now' moment most killers have. Then he had to look around and find the bin and put her in it. I can see that taking some time. Moo
Click to expand...

This evidence relates to Saturday August 17 - 5 days after LB was killed.

The PM evidence, blood pooling at the head, indicated that her body must have been placed in the bin shortly after her death on Monday August 12.

So on August 17, all he had to do was collect the bin. And the most likely hiding place, based on his route, would have been one of the outbuildings behind the pub.

It's probably nothing but it always interests me when a timeline seems a bit out.
 
Alyce said:
This evidence relates to Saturday August 17 - 5 days after LB was killed.

The PM evidence, blood pooling at the head, indicated that her body must have been placed in the bin shortly after her death on Monday August 12.

So on August 17, all he had to do was collect the bin. And the most likely hiding place, based on his route, would have been one of the outbuildings behind the pub.

It's probably nothing but it always interests me when a timeline seems a bit out.
Click to expand...
I wonder why the timeline is out Alyce, that's been bothering me
 
I would say he was watching local pages for searches, they were adding where they had searched and areas for the next day... I think he didn’t plan on the cemetery to begin with, but had to think around searches, the higher profile it got, the harder for him to move around etc. The police would have had a high presence too.

could he possibly have wanted to keep her behind the pub area until a burial, but had to move her quicker because of planned searches behind the pub... hence the rushed grave in the cemetery.
 
Don't know "what" happened after the prosecution gave opening statements, if anything.

Tuesday, August 4th:
*Re-Trial Continues (Day 2) (@ 10:30am UK) – UK – Lindsay Birbeck (47) (from Huncoat; last seen ~ 2:30pm on Aug. 12, 2019 & walking towards Accrington on Burnley Road @ 4:06pm on CCTV; found Aug. 24, 2019 in the area of Accrington Cemetery on Burnley Road) - *16/now 17 year old arrested (8/27/19) on suspicion of murder & charged (8/31/19) with murder & (added on 8/3/20) with manslaughter. Plead not guilty. Remanded to custody.
Re-Trial began on 8/3/20 (should last 2 weeks). Jurors: 9 women & 3 men.
Previous trial info & other court info from 6/1/20 thru 7/21/20 reference post #52 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4
The re-trial, beginning on August 3, is expected to last for two weeks.
8/3/20 Day 1: This trial will utilize three courtrooms within the building to accommodate everyone. The Judge, defendant, jury & main legal counsel will be in court 10. This is also where witnesses will be brought in to give evidence. Junior legal counsel, the defendant’s family & members of the press will be in court 8. Court 3 will be used as an ‘overspill’ court for other interested parties. Honor Mrs. Justice Amanda Yip is the trial judge. The prosecution is represented by David McLaghlan QC & his junior Simon Driver. The defence is represented by Mark Fenhalls QC & his junior is Mark Stuart. The defendant will be arraigned (called before the judge, informed of the charges, and asked to enter a plea of not guilty or guilty). The intermediary for the defendant has just been sworn. Defendant is in the dock. There were a total of 27 people who could potentially be chosen to sit on the jury, which will comprise of 12 people. Her Honour Mrs Justice Yip said she still needs to read the submitted questionnaires from the 27 on the panel. Once that has happened the 12 will be chosen. They will need to be brought into the court room in stages to be sworn in due to social distancing. They hope to be able to swear the jury in before the lunch break at 1pm. After reading the questionnaires there are now a pool of 22 people from which 12 can be selected. The first phase of 11 potential jurors will be entering the courtroom soon & 6 people will be chosen to stand on the jury. The second phase of 11 potential jurors will then enter the courtroom & the final 6 members of the jury will be chosen from this pool. The final 12 jurors are expected to be officially sworn in after lunch. The first 6 jurors have been selected - they are all women. The second 6 jurors will be selected after lunch. The 12 jurors have now been chosen after a random ballot. The trial will be heard by 9 women and 3 men. Jury as been sworn in & have been informed of two charges the teenager faces. These are as follows:
Count one - murder
Count two - manslaughter
The defendant has pleaded not guilty to both of these charges. Manslaughter has been added since last trial. David McLachlan QC did opening statements of the case for the prosecution. Trial continues on 8/4/20.
 
That was as far as they got Niner. Prosecution didn't manage to finish his opening so will continue this morning.

16:11
Case closed for the day
The trial has now been adjourned until 10.30am tomorrow morning when the prosecution will continue with the opening of their case.

The jury have been told that the defendant will not appear in the dock but will appear via video link.
 
For a quick catch up , here's the summary from yesterday





17:30
Summary of the prosecution case so far
Here is a full summary of the prosecution case so far as outlined to the jury this afternoon.

Read that here

The case will resume at 10.30am on Tuesday when the prosecution will conclude their opening and the jury will then start hearing evidence.

Thank you for following today’s live blog.

We will bring you more updates from Preston Crown Court tomorrow.




Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
09:17
Good morning
Hello and welcome back to Preston Crown Court.

Today is day two of the Lindsay Birbeck murder retrial and this morning the prosecution will continue opening their case to the jury.


09:19
Recap from yesterday
A jury of nine women and three men were sworn in yesterday to try the case.

The trial is expected to last two weeks.

Prosecutor David McLachlan QC started opening the Crown’s case shortly after 3pm and will continue at 10.30am today.

Here is a full recap of what he said.


09:31
Defendant appearing via video link
The defendant, who cannot be named for legal reasons, will today appear at court via video link instead of being present in the dock.

The jury were told yesterday that he is being held in a ‘secure place that is appropriate for his age’ during the trial and is supported by an intermediary.

Judge Mrs Justice Yip said there maybe times the defendant doesn’t need to attend court in person but will appear over the video link.

This is because the youth heard the prosecution opening and the case against him at the first trial earlier this year.

Mrs Justice Yip said there may also be other times ‘when the defendant isn’t needed at all’ or steps out to take a short break while the trial resumes.

Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
10:18
Trial will resume at 10.30am
The parties in the trial are now assembling at the three different court rooms.

The case is expected to resume at 10.30am when David McLachlan QC will continue his prosecution opening.

The Judge, jury and main legal counsel will be in court 10. This is also where witnesses will be brought in to give evidence.

Junior legal counsel, the defendant’s family and members of the press will be in court 8.

Court 3 will be used as an ‘overspill’ court for other interested parties.


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
10:29
Trial ready to resume
The case is about to continue.

The defendant is appearing via video link and is wearing a blue shirt and dark blue waistcoat.

He is accompanied on the video link by an intermediary.

We are waiting for the Judge to enter court.
 
10:43
Trial resumes
The Judge has now entered court 10.

Before Mr McLachlan resumes his opening there is discussion about the procedure for breaks during the day and how the hearing will work with the defendant appearing via video link.


10:45
30 minutes left of prosecution opening
Mr McLachlan said his prosecution opening will take around 30 minutes to conclude.

The jury are now being brought into the court room.


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
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