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

[Ann Blyth]

Yes, I had that in mind.

Though it perhaps shows up flaws in the system.

Does anyone know if 'work commitments' is an acceptable reason for not attending jury service?

I understand that nobody can 'make you attend' if you simply don't want to do it

I have no idea regarding work commitments being a reasonable excuse for not undertaking jury service, however I was called up in December 2006 and because my boss (busy city criminal defence practice) didn’t want to lose me for two weeks, wrote a letter to the High Court to get me excused....citing the fact that I knew a lot of the barristers personally through work, and therefore, a possible conflict of interest, and the Court said I still had to serve on the jury.

 

[Alyce]

Yes, I had that in mind.

Though it perhaps shows up flaws in the system.

Does anyone know if 'work commitments' is an acceptable reason for not attending jury service?

I understand that nobody can 'make you attend' if you simply don't want to do it

I think you could make a case for saying that you couldn't do more than 2 weeks service and, as this type of trial will be 3 weeks minimum, then that would let you off and you would get put back into the Jury pool and assigned a shorter case.
One other thing about the split - and I really may be overthinking this ! - but what if, from the 18 finalists, there were perhaps 4 males left - but maybe they were all a similar age range. Whereas, the women covered a larger age range and might have been felt to offer a wider perspective. It could be another reason why they ended up with 11 females.

 

[sunflower22]

Trainers and any other items would not have been taken from defendant's home until at least August 27, possiby a day later. Plenty of time for the actual clothes and trainers to have been disposed of.

The clothes he was seen wearing on CCTV was recovered from his home, why would Dispose of a pair trainers but not his clothing?

 

[sunflower22]

Trainers and any other items would not have been taken from defendant's home until at least August 27, possiby a day later. Plenty of time for the actual clothes and trainers to have been disposed of.

The clothes he was seen wearing on CCTV was recovered from his home, why would Dispose of a pair trainers but not his clothing?

 

[jamjim]

14:30
Teacher told of CCTV image
The teacher said he was informed by a colleague on WhatsApp of a police CCTV appeal and after viewing the clip was ‘99pc sure’ it was the defendant.

He said he was also aware of Lindsay Birbeck’s disappearance after seeing missing posters at a festival.

The teacher said during his time at the school he only had a ‘handful of conversations with [the defendant]’ but only about subjects of ‘real interest to him’.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Alyce]

The clothes he was seen wearing on CCTV was recovered from his home, why would Dispose of a pair trainers but not his clothing?

If he could not see any particular marks on his clothing, he may have thought that a good wash was all they needed. Or, he may have had two identical outfits ( not unusual ).
Whereas with trainers, if there was blood or soil ingrained into them, it might have seemed easier to throw them away. Plus, if they were the ones seen in the cctv, they looked, as Legally said, as if they were falling apart, so no great loss.

 

[jamjim]

14:37
'Free, easygoing and quite placid'
The teacher is now being questioned by defence barrister Mark Fenhalls QC about his clients behaviour at school.

When asked if he had ever seen the defendant angry, the teacher said: “He was free, easygoing, quite placid.

“I never saw any aggression towards me or any other pupils at the school.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[sunflower22]

14:22
Defendant preferred outdoors
The teacher said the defendant preferred outdoors and practical activities.

When asked by prosecutor David McLachlan QC if he was ‘fit and able to do it’ he agreed saying: “He was always good at walking. He’s a strong lad.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

Be interesting if the defence ask how a school teacher knew he was “a strong lad”

 

[MusicalMonkey]

I know it can be frustrating for us 'websleuths' as we are not shown the maps and locations as in the court room.

I think this is the route that the witness ZB was talking about earlier in court today (zoom out map also uploaded to give a better indication of the area).???
As she describes looking left through trees and that the paths would eventually 'join up'.

 

[Alyce]

Lancashire Telegraph coverage


The court are now hearing from a teacher from the defendant's school, who we cannot name due to reporting restrictions.

Describing the defendant, the teacher said: "He was very quite, he was very withdrawn.

"I had a handful of conversations with him when I taught him."

The jury heard he would say yes or no, or don't know, to most questions asked to him.

The jury heard it was very difficult to have conversations with.

The teacher said: "He would always do art.

"He would doodle away.

"He preferred practical stuff"

The teacher also said the defendant loved walking and was "a strong lad."



The teacher said he became worried when he heard Lindsay Birbeck had gone missing and had seen posters around the area.

He said a colleague showed him footage from a police appeal regarding her going missing.

The teacher said he was 99 per cent sure it was the defendant.

The prosecution then asked him about how many conversations the teacher had with the defendant, who replied with "a handful".



Now being cross examined by Mr Fenhalls, the teacher is asked if they sought to find things that would build relationships, such as certain tasks.

The teacher said: "He loved walking, he loved the outdoors.

"He liked going for a walk" in all weathers, the jury was told.

Mr Fenhall asked if he ever showed aggression.

The teacher said: "Never saw any aggression from him at all towards other pupils

The teacher said the defendant was never particularly stressed at school but if he had been in a bad mood and therefore did not want to engage, he would suggest going for a walk.

The court heard the teacher say the defendant was a "hard worker" and understood the value of work.

Mr Fenhall asked if he understood the value of money.

The teacher said it never came up in conversation.

Mr Fenhall asked him about completing tasks without question.

The teacher said: "You would ask him to do something and it would be done without question."

The court heard other pupils may ask why and refuse, but the defendant would do it, particularly if it was a practical task.

No more questions from Mr Fenhall were asked.



DAY FIVE: Lindsay Birbeck trial continues

 

[Tortoise]

14:22
Defendant preferred outdoors
The teacher said the defendant preferred outdoors and practical activities.

When asked by prosecutor David McLachlan QC if he was ‘fit and able to do it’ he agreed saying: “He was always good at walking. He’s a strong lad.”

Lindsay Birbeck murder trial at Preston Crown Court - updates

I think the prosecution is reaching with this particular line of questioning. Gym/weight training yes, but good at walking? So is probably most of the population of young men. It sounds desperate.

moo

 

[jamjim]

14:45
'Quite easily led'
The jury are being read part of the teacher’s statement.

The teacher said: “I would just like to add that [the defendant] could be quite easily led if he was told to take something somewhere.

“He probably would do and not ask a lot of questions about why he was doing it.”

Defence barrister Mr Fenhalls asked the teacher to elaborate on this.

The teacher said if he asked the defendant to do something practical he would ‘do it without question’.

He said: “Most people might go ‘why would I do that?’”

He explained that a lot of children might say no if it was a practical task but he would accept the request.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[jamjim]

14:46
20 minute break
The teacher has now finished giving his evidence and the jury are being given a 20-minute break

 

[MusicalMonkey]

I must say the defence's QC is doing a sterling job with the prosecution's witnesses.


So far we have:

A witness that saw a 'strange man' that can't be identified'.

A witness that describes the defendant as 'placid and easily led'.

 

[Niner]

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... ??

 

[jamjim]

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

 

[Mommysleuth11]

Todays evidence so far has led me further from being convinced of his guilt. It feels like defence evidence in some ways.

 

[Skigh]

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

 

[Mommysleuth11]

I still think he 'probably' did it. But far from being convinved beyond reasonable doubt.

 

[Mommysleuth11]

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

Not necessarily, places are notoriously difficult to access. Its possible mainstream or specialist.