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

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  • #1,081
Morning all. How much will they be able to get through today in court with starting at 2pm? Seems 'odd' to start so late?
 
  • #1,082
How does the defence work. Do they have to add weight to the defence statement or argue the case the prosecution have set or a mixture. Apologies if this is a stupid question but I am a newbie.
 
  • #1,083
How does the defence work. Do they have to add weight to the defence statement or argue the case the prosecution have set or a mixture. Apologies if this is a stupid question but I am a newbie.
The defence will call any witnesses who they think can add something, which may be just the defendant, or a witness we don't yet know about, or none at all, and then it can use its closing argument to pick apart the prosecution evidence and argue that they haven't proven the case and that the jury should not convict.
 
  • #1,084
  • #1,085
I'm trying to find out at which point the defendant and Lindsay 'met'. I appreciate I might be asking too much. Thank you for your replies to my post about this, I really appreciate it, and, your information is so helpful

Peel Park Avenue is quite a steep hill up and onto the lane leading to the coppice car park and bowling green.
Coming from Huncoat on Burnley Road the route would be to follow the public footpath sign up the track between the Whitakers and Hillside Funeral Directors and a right turn along a more gradual climb to the carpark. That short track both right and left offers ample places for concealment and ambush for a mobile phone snatch, mugging and hiding of clothing and or a body. It is along there to the left that the concrete plinths are and where the police spent a lot of time searching.
 
  • #1,086
  • #1,087
Peel Park Avenue is quite a steep hill up and onto the lane leading to the coppice car park and bowling green.
Coming from Huncoat on Burnley Road the route would be to follow the public footpath sign up the track between the Whitakers and Hillside Funeral Directors and a right turn along a more gradual climb to the carpark. That short track both right and left offers ample places for concealment and ambush for a mobile phone snatch, mugging and hiding of clothing and or a body. It is along there to the left that the concrete plinths are and where the police spent a lot of time searching.
Thank you so much PiggyStardust
 
  • #1,088
In terms of the defendant giving evidence or not, If the defence put him on the stand, the prosecution then get a chance for cross examination. That is where it can fall down, defence often dont want an unreliable defendant being cross examined as the pressure is too much. If the defence dont call them to the stand as a witness the opportunity isnt there for the prosecution to examine them as a witness. Hope that helps.

For the record, i dont believe the defendant will be called. Moo
 
  • #1,089
In terms of the defendant giving evidence or not, If the defence put him on the stand, the prosecution then get a chance for cross examination. That is where it can fall down, defence often dont want an unreliable defendant being cross examined as the pressure is too much. If the defence dont call them to the stand as a witness the opportunity isnt there for the prosecution to examine them as a witness. Hope that helps.

For the record, i dont believe the defendant will be called. Moo
Perfect explanation! From my point of view, I would be AMAZED if the defendant took the stand, I would think that his criminal defence team will ensure he doesn’t.
 
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  • #1,090
In a UK court the prosecution must prove beyond reasonable doubt in the mind of the jurors that the defendant is guilty of what they are charged, the responsibility of the defence is not to prove that they didn’t do it, but to refute evidence given by the prosecution.

Defence counsel will no doubt think the hooded man story is nonsense also, but they are not there to make judgements on that, just to defend to the best of their ability given the information they have been briefed by the defendants solicitor.
If that is the statement provided to them they must run with that.

I think everyone would agree 100% that the defendant was involved in the removal and disposal of the body and from that we can have the opinion that he therefore must have been involved in the act of murder itself.

But i just don’t see any evidence presented to court that would prove that beyond all doubt in my mind.

Convicting people on opinions has proved costly for peoples lives, being incarcerated for crimes they did not commit in the recent past.

I believe the prosecution will apply for a lesser charge if there is no further useful evidence, if not the judges summing up will be key.
Very well written and totally on point and I concur with all that you have written
 
  • #1,091
Perfect explanation! From my point of view, I would be AMAZED if the defendant took the stand, I would think that his criminal defence team will ensure he doesn’t.
There’s no way in a million years that he will be allowed to take the stand
I agree @Ann Blyth
 
  • #1,092
Peel Park Avenue is quite a steep hill up and onto the lane leading to the coppice car park and bowling green.
Coming from Huncoat on Burnley Road the route would be to follow the public footpath sign up the track between the Whitakers and Hillside Funeral Directors and a right turn along a more gradual climb to the carpark. That short track both right and left offers ample places for concealment and ambush for a mobile phone snatch, mugging and hiding of clothing and or a body. It is along there to the left that the concrete plinths are and where the police spent a lot of time searching.

Do you know where the 'coat' was sighted?
 
  • #1,093
Isn't it past 2pm in England? It's a quarter to 4 here... no court yet? or is England 2 hours behind me... ah yes - they are.... :rolleyes: ignore this post! ;)
 
  • #1,094
Isn't it past 2pm in England? It's a quarter to 4 here... no court yet? or is England 2 hours behind me... ah yes - they are.... :rolleyes: ignore this post! ;)

It starts in 15 minutes @Niner :) Currently 1:45pm here!
 
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  • #1,096
Isn't it past 2pm in England? It's a quarter to 4 here... no court yet? or is England 2 hours behind me... ah yes - they are.... :rolleyes: ignore this post! ;)

15 minutes to go.
 
  • #1,097
Isn't it past 2pm in England? It's a quarter to 4 here... no court yet? or is England 2 hours behind me... ah yes - they are.... :rolleyes: ignore this post! ;)
It's coming up to 2pm. The clocks don't go forward until 29th in UK.
 
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  • #1,099
Clocks went forward in the US this past weekend fyi.
ETA
Not in Arizona and ETA Not Hawaii.Lol
I mean only Arizona is not doing daylight savings time.
 
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  • #1,100
It's coming up to 2pm. The clocks don't go forward until 29th in UK.

Yep - here too in Latvia. Then at the end of 2021 EU is getting rid of daylight savings - how about the UK??
 
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