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

[Spender]

I’m starting to think the travelling community are really above the law the way things are panning out !! What the fck is going on with this trial ?

 

[MusicalMonkey]

Even without the constant breaks, early finishes, late starts, heating and water problems, the case seems to have been lacking detail and drawn out.

Its almost as if they where waiting on something else to happen.

The cynic in me (as earlier in the thread) said 'solicitor's fees'.

 

[Angleterre]

Exactly.
For argument's sake, let's apply this logic to Lindsay's phone . .
You couldn't prove 100% that she didn't go out with a 'dead phone' - based on the evidence we have.
But seriously. Why would she do that? It defies any reasonable logic.

She was at her own home, actually using her phone -She obviously would have known the power status of her phone and charged it up.

Then, add the fact that she didn't have to rush out, as in had a bus to catch at a certain time so the possibly that she didn't have time to charge up would be debunked.
The fact that it was summer too, meant she didn't have to rush out for a walk due to fading daylight.

Add the fact that she was going to an area (Coppice) without power points - as in 'she might have planned to charge it up whilst she was out'.
And the fact daughter's statement that said 'she always had phone signal when she was in the coppice'.

So if the question was:
Did Lindsay go out with a dead phone? Guilty or Not Guilty? What verdict would you give?

Personally I would say Not Guilty (she did NOT go out of her house taking a dead phone with her).

It defies any reasonable logic that she would rush out from her house to an area without power taking a dead phone with her. She would at least charge her phone up to a reasonable level and gone out a short time later. But we can't prove it 100%.

It’s not about being able to prove it 100%its about being certain beyond all reasonable doubt that he is guilty of the offence. Slight difference in wording to what you are saying but it is a big difference in reality and if you are not 100% sure then you cannot convict in English law

 

[Kaykedi]

The cynic in me (as earlier in the thread) said 'solicitor's fees'.

Yes! All the way, every day!

 

[Dcflag]

If we were being optimistic we could hope the prosecution has extra new evidence to add to the case...

I suspect the defence is motioning to dismiss and the prosecution will want to add a charge so he doesn't walk free to be honest

 

[Roostercat]

Live from court: Murder trial of Huncoat mum-of-two enters day seven
I have just read back through this. I am wondering if the defence is inferring that the police have piecemealed together movements to fit their case against the accused without much substance to what they have. It seems the prosecution have no idea if she went up peel park avenue or not but have deduced she did. I wonder if all the legal arguments are to do with the fact that the defence believe there is no case here and the prosecution are going to change charge to secure a conviction of unlawful burial... so frustrating!!

 

[sunflower22]

Going back to the beginning on the day she disappeared 12thAugust, I believe the defendant was caught on CCTV around 2pm, what location was he seen?

 

[HongKongPhooey]

I've called the police several times (mainly to report traffic accidents) and never had a wait, although it sometimes took another minute to transfer my call to the proper department.

Still the five minute wait you had doesn't sound bad.

No you couldnt knock 5 minutes, particularly at Christmas

 

[HongKongPhooey]

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.

Best user name ever. Just saying

 

[Smccat]

Going back to the beginning on the day she disappeared 12thAugust, I believe the defendant was caught on CCTV around 2pm, what location was he seen?

This is probably a moot point but I’d be interested to know if cctv was checked prior to that day and whether the defendant had wiled away his summer up there?
Feeling fed up like many with all the delays.

 

[PiggyStardust]

It's not one to inspire faith in the British justice system is it.

English courts are renowned for delays and adjournments. Severe cuts in funding combined with an increase in cases and then the real price is paid by witnesses and defendants are in limbo until a case has concluded.

Amelia Hill's Guardian/Observer Article Justice uncovered: a unique and revealing insight into the flaws and frustrations of Britain's courts.
What really goes on in a judge's chambers?

 

[PiggyStardust]

What an absolute joke this trial is. It feels like it's being drawn out deliberately?? Wondering what on earth is going to happen next...

As per the above Kaykedi read Amelia's paragraph about cases maybe being kicked into the legal long grass !!

 

[Alyce]

Going back to the beginning on the day she disappeared 12thAugust, I believe the defendant was caught on CCTV around 2pm, what location was he seen?

At 2.24pm he was walking down Whitewell Road towards Burnley Road
and at 2.27 he turns right, before Whitakers

 

[MusicalMonkey]

This was my attempt at trying to discover where the possible attack took place (with 2nd hand information from reports - and no maps). Posting here after slight update to include info from witness Zoe B.

Obviously the 'coat sighting' forms a large part of this. Though as I have said previously, I am assuming it was Lindsay's coat (inside out) as this vital piece of information (sighting) was never eliminated from the enquiry.

Where exactly are the barbed wire fences? I just presumed they ran along side the paths (as in scenario 1).
Any local intel?

 

[PiggyStardust]

The left hand leg of the track closest to the pub would be my guess, concealment and not too many users/witnesses.

 

[Niner]

Tuesday, March 10th:
*Trial continues (Day 8) (@ 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 & on charged (8/31/19) with murder. Plead not guilty. Remanded to custody.
Trial began on 2/25/20 with jury selection. Trial started on 2/26 with opening statements. Trial expected to last to 3/13 at the Preston Crown Court. Mrs. Justice Amanda Yip will be presiding judge. Jury: 11 women & 1 man.
The Judge has told the jury that the defendant has a moderate learning disability & suffers with ADHD & autism & finds communication more difficult than other people of similar age.
Jury selection Day 1 (2/25/20) & Trial Days 2 to 7 (2/26 & 3/5/20) info reference post #1080 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #3
3/9/20 Monday: Due to legal matters that needed to be addressed between counsels, unfortunately the court will not sit this afternoon. The trial has been adjourned to 10.30am tomorrow morning 3/10.

 

[Niner]

Guess we are NOT getting a new thread....

 

[Roostercat]

I assume the coat was in the fields as indicated, however if the walkers were on the path above the fields when it was sighted I am just not sure. Foliage would have been at its most dense, from the blind bend they mention when she turned, there is only one possible view point, I have a photo of this but can't upload, even now before the summer growth I think it would be too hard to make out a coat. I am unsure therefore of where they were in relation to the coat sighting. My thoughts are now that LB came across him on the steep coppice path leading through the woods, knowing it would be difficult to out run him on an incline, she made her way across the fields running back down towards her safe haven of home...she maybe stumbled with the pace and he then he attacked her.

 

[Bampot]

I'm a bit nervous for today. I will be disappointed if they revert to the lesser charge. But at the same time happy it would ensure he doesn't walk free.

 

[Spender]

I’m off out shortly and hope when I come back justice has been done and this individual is banged up for a long time ( not going to happen today as in all slapstick comedy there will be another unexpected incident ) Let’s hope for LB’s family they get to hear something that will help get them some closure x