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

[Tortoise]

I think they realised their shortcomings. They only get one go at this unless new evidence comes to light. The defence questions made them realise where they lost and once the jury heard that they couldn't unring the bell.

MOO

 

[Tortoise]

Could it be something to do with the prosecution asking the jury to look who was appropriate adult at each of the defendants interview

That's a really good thought but I just thought that's not going to change at retrial.

 

[JosieJo]

Whatever happened I'd imagine it was a relatively "easy" decision to retrial ...I wonder if they can now add further evidence or change the charge or everything stays the same

 

[jamjim]

11:28
Families informed of reason to discharge the jury
We can now report that the families of Lindsay Birbeck and the defendant have both told of the reasons for discharging the jury.

The ‘legal reasons’ cannot be reported due to reporting restrictions in the case.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[Tortoise]

I won't even be surprised if they come back in June and reduce the charges/throw in the towel/sentence him on his admissions. They say it's a retrial now just to get it in the court calendar but there is nothing forcing them to proceed once they review things. I remember something similar once before, I think it was missing Renata Antczak's case. Hearings and charges kept changing.

 

[Little Nicki]

This happened to someone I know. A trial was started for serious domestic violence and part way through it seemed it wasn't going well for the prosecution as one of the witnesses/victims had been shown in court to have lied and used fake id to visit the defendant on remand in prison.
The trail was then cancelled and a retrial ordered, the accused was released on bail and even got into another relationship (which he also used violence in) almost straight away and it was over a year before he was finally retried, found guilty and sentenced. I think the main change in that time was that the police gathered more evidence and more witnesses which have them a stronger case.

 

[Niner]

11:28
Families informed of reason to discharge the jury
We can now report that the families of Lindsay Birbeck and the defendant have both told of the reasons for discharging the jury.

The ‘legal reasons’ cannot be reported due to reporting restrictions in the case.

Lindsay Birbeck murder trial at Preston Crown Court - updates

Well that sucks....

 

[jamjim]

11:37KEY EVENT
Retrial date fixed
The date for the retrial has now been set for June 15, 2020 at Preston Crown Court.

Her Honour Mrs Justice Yip said it will last up to three weeks.

The defendant has been remanded into custody until the retrial.

Lindsay Birbeck murder trial at Preston Crown Court - updates

 

[JosieJo]

If it cant be reported due to "reporting restrictions " it could be to do with his family or something that would identify him

 

[Kaykedi]

Retrial is fixed for 15/6/2020

 

[Spender]

Mrs Justice Yip has been on here and must be considering what we Websleuths have been discussing.......let’s face it our theories are more believable no matter how outhere compared to the hooded man one . I’m telling you these travellers have a different law than the law of the land .....some sh#t kind of diplomatic immunity hah .

 

[chimpface]

I think the CPS have really f'd this up.

 

[J4k]

Maybe the defendant still denies murder, but is now admitting manslaughter (or more involvement), so the charge needs to be changed?

we are very limited to the atmosphere in the courtroom, or how the defendant has reacted to the evidence that has been shown/discussed, maybe all this has had an effect and he has broken under the pressure of it all or has been vocal or something (who knows) we can only speculate.
all MOO

I just hope whatever it is, it helps bring eventual closure for Lindsay's family.

 

[MusicalMonkey]

10:41KEY EVENT
Jury discharged
Her Honour Mrs Justice Yip has told the jury that she is discharging them from the case.

This is because of ‘legal reasons’.

Lindsay Birbeck murder trial at Preston Crown Court - updates

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[MusicalMonkey]

If the retrial does proceed on 15/6/2020, we can cancel June as Libby Squire's trial begins on 2/6/2020, and, is expected to last for 5 weeks

I have been trying to get up to speed on that during the last week. I remember her going missing but then I was 'off-grid' as far as UK news goes for several months, so didn't know what happened . . .

 

[jamjim]

I have been trying to get up to speed on that during the last week. I remember her going missing but then I was 'off-grid' as far as UK news goes for several months, so didn't know what happened . . .

Found Deceased - UK - Libby Squire, 21, last seen outside Welly club, Hull, 31 Jan 2019 #17 *ARREST*

Come and check out the thread if you haven't already! Suspect was charged on separate offences and jailed for eight and half years, then not long after charged for the rape and murder of Libby.

 

[WiseOwl]

I do believe it has something to do with a member of the jury, i had a look on judiciary.uk (jury irregularities protocol) and found this (BBM):

Jury Irregularities in the Crown Court: a Protocol issued by the President of the Queen's Bench Division.

A jury irregularity is anything that may prevent a juror, or the whole jury, from remaining faithful to their oath or affirmation as jurors to ‘faithfully try the defendant and give a true verdict according to the evidence’. Anything that compromises the jury’s independence, or introduces into the jury’s deliberations material or considerations extraneous to the evidence in the case, may impact on the jurors’ ability to remain faithful to their oath or affirmation.

Section 10: In relation to the conduct of the trial, the trial judge may:

i) Take no action and continue the trial. If so, the judge should consider giving some explanation to the jurors to reassure them that nothing untoward has happened that need concern them.

ii) Continue the trial but, if appropriate, give a reminder to the jury, tailored to the requirements of the case, that their verdict is a decision of the whole jury as a body and that they should give and take and try to work together. It is, in every case, essential that no undue pressure is exerted on the jury.

iii) Discharge the juror(s) concerned and continue the trial if sufficient jurors remain.The minimum number required to continue is nine: Juries Act 1974, section 16(1). Consideration must be given as to what to say to the remaining jury members when one or more have been discharged and to the juror(s) on discharge.The juror(s) must be warned not to discuss the circumstances with anyone and it may be necessary to discharge the juror(s) from current jury service.

iv) Discharge the whole jury and re-list the trial.Again the jury should be warned not to discuss the circumstances with anyone. Consideration should be given to discharging them from current jury service. If the jury has been discharged and there is a danger of jury tampering in the new trial, the Crown may make an application under s.44 Criminal Justice Act 2003 at a preliminary hearing for a trial without a jury if jury protection measures would be insufficient.

v) If the judge is satisfied that jury tampering has taken place, discharge the jury and continue the trial without a jury: s.46(3) Criminal Justice Act 2003, or discharge the jury and order that a new trial take place without a jury: s.46(5) Criminal Justice Act 2003.

A jury member has been discussing the case outside court or on SM maybe? Or perhaps has some link to the defendant?

 

[MusicalMonkey]

Found Deceased - UK - Libby Squire, 21, last seen outside Welly club, Hull, 31 Jan 2019 #17 *ARREST*

Come and check out the thread if you haven't already! Suspect was charged on separate offences and jailed for eight and half years, then not long after charged for the rape and murder of Libby.

Yeah. I started 'skim reading' the first thread.
17 threads though . . . . .
Imagine trying to follow a popular American trial where if you even miss one day you will have pages and pages to trawl through.

 

[MusicalMonkey]

A jury member has been discussing the case outside court or on SM maybe? Or perhaps has some link to the defendant?

I did query this in 'private conversation'.

All the stop starting of the trial probably didn't help with any potential twitchy fingers and loose tongues.

 

[jamjim]

Yeah. I started 'skim reading' the first thread.
17 threads though . . . . .
Imagine trying to follow a popular American trial where if you even miss one day you will have pages and pages to trawl through.

I tried reading through the Jayme Closs thread the day she was found but just couldn't keep up!! Even if you only left the thread for 15 minutes there'd be another 3 pages to come back to!