Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

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With no clear motive,
No crime scene
No forensics
No exact way of knowing how or why her neck was compressed...albeit fiercely
How do they expect the Jury to decide between Murder or Manslaughter..even if they feel the evidence proves he killed her?
 
This is a bit on the "long" side - I took a lot of notes - but will shorten it up after posting this.

Thursday, August 6th:
*Re-Trial Continues (Day 4) (@ 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 & charged (8/31/19) & arraigned (8/3/20) with murder & (added on 8/3/20) with manslaughter. Plead not guilty. Remanded to custody.
Re-Trial began on 8/3/20 (should last 2 wks). Jurors: 9 women & 3 men.
Previous trial info & other court info from 6/1/20 thru 7/21/20 & retrial on 8/4/20 reference post #183 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

8/5/20 Day 3: First witness, Judith Bibby, has taken the stand. Mrs. Judith Bibby & her husband (Martin) had been in The Coppice on August 12. Mrs. Bibby had spotted a red anorak hanging on the fence on the path side. McLachlan for pros & defense Mark Fenhalls QC do questioning. Next Det. Sgt. Bowler on the stand. CCTV footage is played in the court. Det. Sgt. Bowler explained to the jury that the CCTV footage shows the Bibby's entering & leaving The Coppice. The jury shown CCTV of the defendant at 6:19pm on August 12. He is seen walking down the side of the Whitakers Arms and over Burnley Road before continuing in the direction of Whitewell Road. Det. Sgt. Bowler said the last CCTV sighting of the defendant before this was nearly four hours earlier at 2:27pm. The CCTV is from 6:49pm on August 12 & shows the defendant emerging from the brambles at the back of Isothane & walking towards New House Road. The next CCTV clip is at 6:55pm on August 12 & shows the defendant walking back up Whitewell Road. He is now wearing a black rucksack on his back. Det. Sgt. Bowler said he goes through the side cemetery gate & emerges 36 seconds later walking towards Burnley Road. CCTV near Whitakers Arms. Another clip played to the jury shows the defendant walking up Burnley Road & turning right immediately before he reaches the Whitakers Arms pub. The jury shown CCTV of the defendant at 7:48pm - 50 minutes later - appearing from a grassed area off Burnley Road between two houses & crossing the road in the direction of the cemetery. Det. Sgt. Bowler showed the jury CCTV of the defendant at 8:28pm - nearly 40 minutes later - still wearing the rucksack. He is now pulling a blue wheelie bin up as he walks back up Whitewell Road & along Burnley Road on the opposite side of the road to the cemetery. He then makes the same right turn as before near to the Whitakers Arms. He is still pulling the wheelie bin. At one point he stops & sits on a low wall for a few moments before carrying on. Det. Sgt. Bowler said the defendant continues onto a grassed area heading towards the Coppice. The next CCTV clips shown to the jury are from 11:18pm on August 12, 2019. This is nearly 2 hours & 45 minutes after his last sighting. The footage shows the defendant walking from the area behind Burnley Road before running across the road & entering the cemetery gate. He is still carrying a rucksack & his hood is now down. He no longer has the blue wheelie bin. Jury is taken thru the timeline of events on Tuesday, August 13, 2019. They are being taken through the transcript of a phone call from Tim Birbeck to Lancashire Police at 12:11am where he reports Lindsay missing. Det. Sgt. Bowler told the jury that Lancashire Constabulary commenced a missing from home investigation & Lindsay was classed as ‘high risk’. The jury heard the statement of community search volunteer Shane Killaway. He said on the morning of August 14 he was walking on the Coppice & noticed a couple walking towards him (dog walkers Judith and Martin Bibby) & told about the jacket on the fence line. Prosecutor David McLachlan QC said the next witness is Anthony Dewhurst. Mr. Dewhurst was asked if he attended a gym last year & if he saw a younger and older male. He agreed & said that the younger male he saw on a police CCTV appeal pulling a wheelie bin was the same person who attended the gym. Det. Sgt. Bowler is back & showed the jury more CCTV clips of the defendant’s movements on August 16. The jury was guided through the events of Saturday, August 17. Lead prosecutor David McLachlan QC handed over to junior counsel Simon Driver. Mr. Driver read a series of statements to the jury. The first was from Stephen Greenwood. Stephen Greenwood said he was working at a house on Burnley Road between 2.30pm and 2.45pm on August 17, 2019. He said he spotted a male pulling a wheelie bin on the pavement in the direction of the cemetery & he stopped at the junction of Whitewell Road. Next was a statement from Natalie Bartholomew. The jury were told that Natalie & her partner Nick Haworth took their dog for a walk on the afternoon of August 17. She said they saw a ‘young lad’ with a blue wheelie bin behind him on Burnley Road & holding it with both hands. A statement from Nick Haworth said he ‘definitely thought there was something in the bin’ when he saw the male pulling it along the road. Mr Driver read the statement of Elaine Hewitt to the jury. Ms. Hewitt said she took her dog for a walk in Accrington Cemetery with her partner Trish on either August 17 or August 18. Ms. Hewitt said: “He was really struggling to push it. It appeared as though something really heavy was in the bin. He was struggling to move it.” The Judge Mrs. Justice Yip told the court: “The defendant has admitted that that was him and that was the day he was moving the body to the cemetery.” Det. Sgt. Bowler back in the witness box & showed the jury more CCTV of the defendant’s movements on August 17 with the blue wheelie bin. The next CCTV clip shown to the jury is from more than one hour later. The defendant is seen at the cemetery without the blue wheelie bin. The jury heard a statement from Christine Alderson who visited Accrington Cemetery on Sunday, August 18, 2019. Said she was walking their dog & saw a tissue on grass near the trees. She said the blood on the tissue was ‘fresh and red’ & about ‘four or five inches wide’. Det. Sgt. Bowler showed the jury more CCTV of the defendant’s movements on August 19 near the ‘body deposition site’ at Accrington Cemetery. Simon Driver read a statement from dog walker Jason Forshaw. He said the witness had just finished his night shift as a carer & took his dog for a walk at Accrington Cemetery on the morning of August 19. Mr. Forshaw said he sighted the wheelie bin ‘in the shrubbery’ & that it ‘wasn’t hidden but quite secluded’. The jury heard that he looked inside the bin & it was ‘completely empty’. The next time he visited the cemetery the bin was no longer there. The jury were read a statement from Daniel Westell who attended an organised search for LIndsay using his off road bike on August 19. He said he noticed the blue wheelie bin ‘inside the bushes’ at the cemetery at around 8pm. Mr. Westell said he opened the lid & it was clean inside. The jury were shown CCTV of the defendant’s movements on August 20, 2019. Det. Sgt. Bowler said he walks into the cemetery & over to the grassed area towards where Lindsay’s body was found. Another statement was read to the jury from police dog handler PC John Cuthbertson. He was sent to Accrington Cemetery at 9.30am on August 20, 2019 to assist in the search for Lindsay. PC Cutherbertson said his dog Danny stopped short of the thick shrubbery & they spotted a blue wheelie bin ‘which looked out of place’. The jury were told that when he opened the lid & looked inside it was ‘completely empty and relatively clean’. The jury were told about Gemma Hudson, Leanne Singleton * Sarah Thistlethwaite who were searching the cemetery at around 9pm on August 20, 2019. They noticed the blue wheelie bin & said it was ‘empty inside & looked clean’. However they said there was a ‘dark stain on the outside’ & they thought it ‘maybe blood’. The jury were told that Ms. Thistlethwaite took a photograph of the bin & Ms. Singleton contacted police. Next statement from dog walker Jonathan Kell who was helping with the search for Lindsay on August 20, 2019. He later noticed that his dog Oscar had ‘dry’ blood on this right front paw. He couldn’t see any cut or injury & thought it was ‘strange’. Mr. Kell said there also were small speckles of blood on his under carriage. The evidence has now concluded for today the retrial will resume again at 10:30am tomorrow, 8/6/20.


 
Let’s just say he didn’t kill her....the story of the mystery man becomes more believable but with the mystery taken away . He knows the killer, he has been offered a amount of money to dispose of the body however given the claimed learning difficulties he has he certainly has been carefully coached in to how to dispose of Lindsay. If that’s not the case and he is the killer then he doesn’t have the mental disability he claims to have because his coming and goings are too calculated..MOO
 
As mentioned there seems to be more cctv evidence being shown this time round and more clarity, but I suppose this could just be a difference in the court reporting.
With all this extra camera footage the case for the mysterious stranger seems all the more nonsensical.
The police have reviewed hours and hours of recordings from cameras all around the Coppice and the various exit points, Arden Hall,Accy College, Sandy Lane, Caligen Foam and the Avenue Parade areas to name a few. They also approached car drivers seen in the area for dash cam footage within the relevant time frames. No appeals from them for an unidentified person to come forward has occurred to the best of my knowledge.
That also endorses for me he acted alone and he is not protecting anyone else from his community. Undoubtably though he was coached in his defence position and statements by his parents and maybe his brief before and after giving himself up.
 
With all this extra camera footage the case for the mysterious stranger seems all the more nonsensical.
The police have reviewed hours and hours of recordings from cameras all around the Coppice and the various exit points, Arden Hall,Accy College, Sandy Lane, Caligen Foam and the Avenue Parade areas to name a few. They also approached car drivers seen in the area for dash cam footage within the relevant time frames. No appeals from them for an unidentified person to come forward has occurred to the best of my knowledge.
That also endorses for me he acted alone and he is not protecting anyone else from his community. Undoubtably though he was coached in his defence position and statements by his parents and maybe his brief before and after giving himself up.

His reluctance to say anything other than his prepared statement make me feel your correct. Why would he not show/tell the police where the body was, refused to answer any questions which could inevitably clear him of murder.
 
10:33
Retrial resuming
The Judge and jury have now entered the court room and the retrial is resuming.


10:36
More statements
Junior legal counsel Simon Driver is now reading more statements to the jury.

The first is from Sarah Thistlethwaite who went with Gemma Hudson and Leanne Singleton to search Accrington Cemetery on August 20 for Lindsay Birbeck.

10:39
PC Birchall statement
The next statement is from PC Birchall who attended the cemetery after the bin was reported to police by Sarah Thistlethwaite, Gemma Hudson and Leanne Singleton.

PC Birchall’s view was that the bin looked brand new and used a ‘wet tissue to touch the smear’.

The officer said it was ‘brown with small granules like sand or grit’ and believed it to be mud.

He requested CID to attend ‘to either confirm or deny if it was value to the investigation’.
 
Just playing devils advocate here as I feel it very unlikely he didn't kill her despite the lack of evidence so far ...

What if he knew the killer but just not saying as either petrified of the person, cultural reasons or really thinks he can ride the shorter sentence and still get money

We cant presume every entrance and exit to the coppice has cctv and that it's been checked from say early hours on the day of the attack till 4pm ...and every person seen checked out ....not unless the court show us
 
10:43
Dog walker 'panicked' after seeing wheelie bin
A statement from Patricia Stevenson has next been read to the jury.

She was walking her dog in Accrington Cemetery between 8.30am and 9.15am on August 21, 2019.

Ms Stevenson said she saw the blue wheelie bin in the shrubbery.

She said: “I panicked because I was aware of the missing lady and I have never seen a wheelie bin anywhere near there before.”

The jury was told that she did not go near the bin and instead alerted a cemetery worker who attended on his mower.


10:46
Statements from Luke Hillman and John Jones
Luke Hillman works at the Cemetery and said he was approached by Patricia Stevenson who was walking her dog on August 21..

She told him that she had seen a blue wheelie bin in the trees.

Mr Hillman told his colleagues about the bin. He returned to the bin with his colleagues. One of his colleagues John Jones looked inside the bin and it was empty.

Mr Jones said he then saw a police car on Burnley Road and approached the car. He told the police officers about the blue wheelie bin.

They followed Mr Jones into the cemetery and walked over to the bin. The police advised Mr Jones that the bin could be moved.

Mr Jones took the blue wheelie bin to Dill Hall Cemetery. The bin was left in the main building which is locked and secured.


CCTV from August 23
Det Sgt Bowler is now showing the jury more CCTV footage to the jury.

The first is a clip from 1.33pm on August 23 - the day before Lindsay Birbeck’s body was found.

He said it shows the defendant walking along the path at the rear of Isothane towards Newhouse Road.
 
11:05
British Transport Police and Network Rail search
Det Sgt Bowler said Network Rail were tasked by British Transport Police to search an area near the railway line close to Accrington Cemetery.

A CCTV clip played to the jury shows a Network Rail vehicle and a British Transport Police carrier at 2.23pm on August 23 being driven down Whitewell Road away from Burnley Road towards the railway line.

At 2.41pm the defendant is then seen on different CCTV cameras leaving the cemetery and walking down Whitewell Road.
 
Just playing devils advocate here as I feel it very unlikely he didn't kill her despite the lack of evidence so far ...

What if he knew the killer but just not saying as either petrified of the person, cultural reasons or really thinks he can ride the shorter sentence and still get money

We cant presume every entrance and exit to the coppice has cctv and that it's been checked from say early hours on the day of the attack till 4pm ...and every person seen checked out ....not unless the court show us
There are multiple entrances to the coppice that do not have CCTV i think that will be exactly what the defence focuses on.
 
Sounds like a lack of coordination re the bin.
The women report it Tuesday night and PC Birchall flags it for CID attention.
But on Wednesday morning it is still there and the local police patrol tell the cemetery workers to just move it to their store room.
 
11:13
August 24 - the day Lindsay's body was found
Prosecutor Simon Driver and Det Sgt David Bowler are now showing CCTV of the defendant on the day Lindsay Birbeck’s body was found.

The first was taken at 1.34pm and shows him walking up Whitewell Road towards Burnley Road before entering the cemetery by a side gate.
 
11:21
Agreed facts
Lead prosecutor David McLachlan QC has now swapped places with Simon Driver in court.

Det Sgt Bowler is still in the witness box.

The jury are about to be taken through more ‘agreed facts’. These are facts that are not disputed by either the prosecution or defence.


11:25
Discovery of Lindsay's body
The jury have been told how dog walker Morgan Parkinson found Lindsay’s body shortly after 7pm on August 24, 2019.

Mr Parkinson said his dog had run into the wooded area at Accrington Cemetery. Her head was down in the bushes and was ‘sniffing something’.

Mr Parkinson said he then ‘stood on something that was soft and squishy’.

He called the police and it was later discovered to be the body of Lindsay.
 
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