Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #2

[jamjim]

14:51
Wheelie bin reported to police but 'left in situ'
At around 9pm on August 20, 2019, Gemma Hudson, Leanne Singleton and Sarah Thistlethwaite were searching the cemetery and noticed the blue wheelie bin.

They said it was ‘empty inside and looked clean’ but there was a ‘dark stain on the outside they think maybe blood’.

The jury were told that Ms Thistlethwaite took a photograph of the bin and Ms Singleton contacted police.

PC Birchall attended and used a ‘wet tissue to touch the smear’.

The officer said it was ‘brown with small granules like sand or grit’ and believed it to be mud.

PC Birchall said there was ‘no evidence at the time’ to link the bin with Lindsay Birbeck’s disappearance and it was ‘left in situ’.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Alyce]

So - I see they do not actually call witnesses, but have the pros or detective read their statements. Weird? Does the Defense get to question the statements?

It’s a mixture Niner. The more important evidence will be direct witness testimony, but some of the smaller stuff can usually be covered by using the statement that the witness gave at the time.

 

[Mommysleuth11]

2:40pm

PC John Cuthbertson, a police dog handler, was tasked to search the cemetery at 9.30am on Tuesday, August 20.

He said they discovered the wheelie bin, which looked relatively clean.

The search was concluded at 10.30am and said the dog had searched the area "without trace."

After being shown where Lindsay's body had been found, he said this was roughly six metres away from where the wheelie bin had been discovered


This from Lancs Telegraph link. Im sorry but i refuse to believe Lyndsay could have been there on 20th. Her body was in such state of decompostion that there were flies and a bad smell, yet a police dog and handler searched within at least 6m of that less than 4 days previous?

 

[MusicalMonkey]

It was August. I've no idea what the weather was like that day but I'm surprised she was wearing one to be honest. Maybe she took it off after warming up with her walk? I can't think why he would have put it on the fence, perhaps as a marker of where he had hidden her to go back to later. Was she dead already at the time the lady spotted it?

There must be a website where one can look up past weather. To the exact day.

Just out of interest.

I remember it was very showery and wet last August - Where I live in Lancashire at least. There was always a shower of sorts. There were only 7 dry days out of the whole 31. I kept a record of it, though not very accurate.
2 cricket games I was going to attend were called off because of rain too (albeit in Manchester).

The English Summer. LOL.

 

[Alyce]

So - I see they do not actually call witnesses, but have the pros or detective read their statements. Weird? Does the Defense get to question the statements?

It’s a mixture Niner. The more important evidence will be direct witness testimony, but some of the smaller stuff can usually be covered by using the statement that the witness gave at the time.

re the defence questioning the statements.... I think, but am not sure, that the Defence will have had prior view of these statements and will have agreed them. If the Defence had any query about them, then I imagine the witness would have to be called to give direct testimony.

 

[Skigh]

I did think maybe she had tied it around her waist and it had fallen off? I hike and walk a lot and quite regularly see jackets/waterproof trousers etc left on fences after they've been left behind by people - will make me think twice when I see it next time though!

I would have thought if she had taken off her jacket herself it would have been turned the right way with the purple colour showing,rather than inside out ,showing the red lining.

 

[jamjim]

14:52
Short break
The jury have been given a 10 minute break.

The prosecution will resume their case at around 3pm.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

14:59
Dog found with dry blood on paw
Just before the short adjournment a statement from Jonathan Kell was read to the jury.

He was helping with the search for Lindsay Birbeck on August 20, 2019.

The court heard that he also found the empty bin and ‘thought it looked new’.

He later noticed that his dog Oscar had dry blood on this right front paw and small speckles of blood on his under carriage.

Mr Kell said: “I started examining his paw but could not see an injury. He was not limping. I thought this was strange.

“When I felt around his paw he did not react to it.”

Mr Kell said Oscar had been let off his lead in the open air close to where the bin was located.

When he got home Oscar was given a bath.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

14:59
Dog found with dry blood on paw
Just before the short adjournment a statement from Jonathan Kell was read to the jury.

He was helping with the search for Lindsay Birbeck on August 20, 2019.

The court heard that he also found the empty bin and ‘thought it looked new’.

He later noticed that his dog Oscar had dry blood on this right front paw and small speckles of blood on his under carriage.

Mr Kell said: “I started examining his paw but could not see an injury. He was not limping. I thought this was strange.

“When I felt around his paw he did not react to it.”

Mr Kell said Oscar had been let off his lead in the open air close to where the bin was located.

When he got home Oscar was given a bath.

Lindsay Birbeck murder trial at Preston Crown Court - updates

Jeeze, imagine realising where that blood had come from

 

[MusicalMonkey]

Just out of interest - and connected to the case.

Does anyone know if the law where you could possible get a lighter sentence by pleading guilty from the outset applies to 'minors' too.

I'm just trying to figure out (apart from the extra wages of course) why the defence would make up such a - and-bull story causing a much longer trial, if potentially it could mean a more severe punishment.

 

[Alyce]

Weather. Monday August 12, 2019 Accrington

12 midday to 18 00 hrs


17 / 15 °C Cool.
Humidity: 61%


WNW Wind: 14.293 mph


Weather in August 2019 in Accrington, England, United Kingdom

 

[jamjim]

15:02
Trial resuming
Welcome back. After a 10-minute break the prosecution are now resuming their case.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[MusicalMonkey]

Weather. Monday August 12, 2019 Accrington

12 midday to 18 00 hrs


17 / 15 °C Cool.
Humidity: 61%


WNW Wind: 14.293 mph


Weather in August 2019 in Accrington, England, United Kingdom

Always showers around, as was my experience of the region last August. So that would explain the coat.

Accrington Historical Weather

 

[Rosegold68]

the jacket being inside out would indicate to me it was pulled off in haste....or just pulled off

i think a failed attempt at robbery at this point

but what puzzles me is why go to the point of moving the body to the cemetery and burying it when leaving Lindsay at the coppice where she met her end was easier and didnt even incriminate the lad as he brought the attention to himself only by the move

 

[Alyce]

14:35
Police dog handler sent to cemetery to search for Lindsay Birbeck
Another statement has been read to the jury from police dog handler PC John Cuthbertson.
He was sent to Accrington Cemetery at 9.30am on August 20, 2019 and found a blue council wheelie bin underneath a section of trees.
The jury were told that when he ‘opened the lid and peered inside it was completely empty and relatively clean’.

Lindsay Birbeck murder trial at Preston Crown Court - updates

So, was he sent to view the bin with regard to it having a possible connection to Lindsay ?
If yes, then why didn't the dog indicate ? Because surely they would have given the dog something of Lindsay's to smell, prior to viewing the bin.

 

[Ann Blyth]

His defence have a lot

It’s a mixture Niner. The more important evidence will be direct witness testimony, but some of the smaller stuff can usually be covered by using the statement that the witness gave at the time.

The witnesses whose statements are read are usually those agreed prior to trial by both prosecution and defence. Because both prosecution and defence agree with the statement, there is no need for the witness to come to court and give live evidence, and these statements are read out.

 

[jamjim]

15:09
Dog walker 'panicked' after seeing wheelie bin
A statement from Patricia Stevenson has been read to the jury.

She was walking her dog in Accrington Cemetery between 8.30am and 9.15am on August 21, 2019.

Ms Stevenson said she saw the blue wheelie bin in the shrubbery.

She said: “I panicked because I was aware of the missing lady and I have never seen a wheelie bin anywhere near there before.”

The jury was told that she did not go near the bin and instead alerted a cemetery worker who attended on his mower.

She added: “I walked on a similar route at the cemetery the day before and did not see the bin.

“If it was there I would have noticed it while it was in the shrubbery.

“It was very visible because the shrubbery was not too dense.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Ann Blyth]

It’s a mixture Niner. The more important evidence will be direct witness testimony, but some of the smaller stuff can usually be covered by using the statement that the witness gave at the time.

re the defence questioning the statements.... I think, but am not sure, that the Defence will have had prior view of these statements and will have agreed them. If the Defence had any query about them, then I imagine the witness would have to be called to give direct testimony.

Correct Alyce, the defence will have been provided with all witness statements used by the prosecution well ahead of trial.

EBM to say rather than used as I have said above, replace with relied upon by the prosecution.

 

[Alyce]

It will be interesting to find out who's blood that is. Defendant, Lindsay, mystery man or unrelated. I wonder if the defendant had any injuries?

If it was fresh blood, on August 18 then I don't see how it could be Lindsay's - based on the PM finding that her death would have been on or about August 12.

 

[CrimeDawg123]

Jeeze, imagine realising where that blood had come from

Oh I thought the same thing. Poor Mr. Kell at the horror he must have felt.