Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #3

[Alyce]

Isn't this supposed to be Day 4?? I noticed the tweet said Day 5...
Court started on 2/26 (Day 1), 2/27 (Day 2), 2/28 (Day 3)... today day 4... ??

Tuesday Feb 25 was Jury selection, so they are counting that as Day One - then the trial effectively "began" on Wednesday Feb 26, with the Prosecution opening speech.

 

[Alyce]

I'm off to a meeting if someone wants to copy the Lancashire Telegraph stuff. Otherwise, I can add it in later.

 

[Bampot]

3:13pm
Her Honour Mrs Justice Yip has said proceedings will finish for today and resume tomorrow at 10.30am.

Her Honour Mrs Justice Yip told the jury the defendant is tired from today's proceedings.

 

[jamjim]

15:13
Trial now adjourned to tomorrow
After the short break, members of the press and public have been allowed back into court.

Her Honour Mrs Justice Yip has told everyone present, including the jury, that the trial will conclude for today and that the defendant is tired.

Thank you for following our live blog. We will resume at 10.30am tomorrow.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Angleterre]

So much of a muddle of non-evidence to wade through. That's what replying to this post has made me realise!

Ok, here goes. In my understanding....

Your first paragraph has not, and will not, be covered, because he didn't do it.

Phone numbers hitting off masts wouldn't give us any more information than we readily have, because we know where everybody was and at what times, this is not disputed.

A forensic botanist, Dr Mark Spencer, has given evidence. Google for details.

Apparently, in his first interview, the accused answered 'no comment' throughout. In the second interview, he produced a prepared statement which introduced the third party.

Opportunities to gather evidence at an earlier opportunity were definitely missed. Members of the public had concerns which they reported to the police, and those concerns were ruled out to be unrelated. The most obvious being that a member of the public saw the wheelie bin in-situ at the cemetery, an officer responded and said it wasn't important and authorised its removal to a storage facility. Lindsay's body was hidden 6 metres away. How much difference this will have made, we'll never know

Just to mention something in relation to your comment about phone numbers hitting off masts and knowing where people were
I am thinking more about an analyst being given all the information of the phone numbers hitting off masts and the same numbers appearing again and again within set parameters and time frames because this may show the accused RM in contact with another unidentigied person many times over a short period of time around the time of LBs disappearance and then again over the time when it’s believed her body was disposed of etc and this may show that the same number is appearing again and again and then may be worth this number looking into and it could well be that there is a link between the number and that of RM which may give you the 3rd person
It’s a long shot and labour intensive but in the absence of anything else to go on , it’s worth considering

 

[MusicalMonkey]

Trial now adjourned to tomorrow
After the short break, members of the press and public have been allowed back into court.

Her Honour Mrs Justice Yip has told everyone present, including the jury, that the trial will conclude for today and that the defendant is tired.


It seems like the defence has almost every part of this case under their control. Including the psychological aspect. . .

 

[LancashireLad]

I am presuming,with his learning disabilities,Rocky attended a special needs school or unit attached to a mainstream school.

Huncoat Primary School not sure about secondary if any

 

[MusicalMonkey]

Just to mention something in relation to your comment about phone numbers hitting off masts and knowing where people were
I am thinking more about an analyst being given all the information of the phone numbers hitting off masts and the same numbers appearing again and again within set parameters and time frames because this may show the accused RM in contact with another unidentigied person many times over a short period of time around the time of LBs disappearance and then again over the time when it’s believed her body was disposed of etc and this may show that the same number is appearing again and again and then may be worth this number looking into and it could well be that there is a link between the number and that of RM which may give you the 3rd person
It’s a long shot and labour intensive but in the absence of anything else to go on , it’s worth considering

I could have missed something, but as far as I'm aware, the Defendant's phone hasn't been mentioned at all.

There was some mention of an iPhone BOX being recovered from his house that contained a lock-knife and soil.

We don't know the details of any investigation into 'another person' (possible accomplish) or whether this took place or was even considered. Obviously the 'strange Hooded Man' story is baloney.
I agree that the kind of phone investigation which you mention, should have taken place.
Though as I said, from what we know we don't even know if the defendant had a phone as it hasn't been mentioned at all.

(*Please put me straight if I have missed anything about the Defendant's phone).

 

[Skigh]

Huncoat Primary School not sure about secondary if any

If it was primary he would have left at 11 so I do not think they would have had a teacher from 6years ago describing his character.

Which school did Lindsay work at?

 

[Rosegold68]

did the female witness,Zoe, not give a description of the mans clothing? just his trainers....was wondering if he was wearing a hoodie

 

[Legally Bland]

did the female witness,Zoe, not give a description of the mans clothing? just his trainers....was wondering if he was wearing a hoodie

Mrs Braithwaite said she did not get close enough to see his face but said he was wearing a grey hooded top, matching trousers and black trainers. She noted the hood was up throughout and his hands were in his pockets all the time.

Lindsay Birbeck murder trial: 'Walker felt wary of youth who looked out of place in woods'

ETA: If this was in the live reporting I think I missed it too.

 

[Ann Blyth]

The perks of having a top defence lawyer! He's very very good.

Legal Aid is free for those under 18 and means tested for those over 18.....

Criminal legal aid: means testing

We instructed top brass QC with junior counsel for all the most serious cases, otherwise we used local barristers from local chambers.

 

[MusicalMonkey]

12:15
Weightlifting section


“The weights he was lifting was larger than I imagine that person could life.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

I know someone people have queried whether the Defendant even had the strength to overpower the victim. All I can say is that in many cases you can't really underestimate the strength of someone.

From a personal point of view I can say that in all the gyms I've been to over the years I've often seen 'wiry' looking lads easily bench pressing 60kg+

 

[sunflower22]

did the female witness,Zoe, not give a description of the mans clothing? just his trainers....was wondering if he was wearing a hoodie

It does say that she gave a description of his clothing on the Lancashire Telegraph

 

[Rosegold68]

were the trainers not described as blue with an upside down v?

hooded top is interesting

 

[Skigh]

If it was primary he would have left at 11 so I do not think they would have had a teacher from 6years ago describing his character.

Which school did Lindsay work at?

Just checked :Lindsay worked at Ightenhill Primary School .

 

[Lucy6226]

The teachers description fits in with at least moderate Autism. One word answers, doing tasks without question and limited conversation outside of own interests. Also worth noting that ASD people often don't understand empathy. It's worth remembering how different a ASD person think

Also not all ASD kids attend special schools, it depends on the senco provision a mainstream school has available.

 

[Legally Bland]

were the trainers not described as blue with an upside down v?

hooded top is interesting

Yes. Confusing.

11:26
Upside down 'V' on trainers
Police visited Mrs Braithwaite on August 27, 2019 to have a face to face conversation.

The jury were told that in her statement she said the male’s trainers had an ‘upside down V’ and were blue.

 

[Ann Blyth]

The teachers description fits in with at least moderate Autism. One word answers, doing tasks without question and limited conversation outside of own interests. Also worth noting that ASD people often don't understand empathy. It's worth remembering how different a ASD person think

Also not all ASD kids attend special schools, it depends on the senco provision a mainstream school has available.

My teenage daughter has high functioning ASD and dyslexia and she attended main stream primary and secondary school.

She has understood the difference between right and wrong for years now and is certainly not a sheep, I.e. following what people tell her to do, but just shows how wide and varied the ASD spectrum is, I am sure we will hear more about his particular ASD when the defence has their turn.

I can also say, without a doubt, that those with ASD generally think completely differently to those without ASD, I often ask my daughter how she comes to the conclusions she does, because I find her way of thinking fascinating!

 

[RachelZachary]

3:13pm
Her Honour Mrs Justice Yip has said proceedings will finish for today and resume tomorrow at 10.30am.

Her Honour Mrs Justice Yip told the jury the defendant is tired from today's proceedings.

Hmm. So he works out at the gym, spends a lot of time walking and doing physical activity, will do any task asked of him, but he’s “tired”? Mentally perhaps? Aren’t we all!

If we are to believe that someone else murdered Lindsey and asked him to move the body, it must surely have been someone that knew him and knew that he would do anything practical “without question”.

Though I think a teacher asking you to do a practical activity at school is very different to a complete stranger you meet in the woods asking you to move a dead body..unless you have no concept of right and wrong?