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

[Alyce]

Thanks SpursGyal - I will see if Lancs Telegraph are also doing a blog.

Interesting that defendant is appearing in court today

 

[Alyce]

Yes they are set up to report - I'll keep a look out in case they post anything extra

Live updates from Lindsay Birbeck murder retrial - last witness for prosecution to be called

 

[SpursGyal]

Thanks SpursGyal - I will see if Lancs Telegraph are also doing a blog.

Interesting that defendant is appearing in court today

Is this maybe because of the prosecution concluding their case today?

I've looked back on the previous trial, appears this is another Gym witness, at at this point last time, we were 2 weeks in!

 

[SpursGyal]

10:19
What will happen today
The retrial will resume at 10.30am when Lauren Henson will speak to the jury from the witness box in court 10.

She is the only prosecution witness to give evidence in person today.

There will then be some more information presented from police before the prosecution case is concluded.

The defendant is attending court today and will be in the dock.

He has appeared via video link for the past three days.

The Judge yesterday said the retrial is making ‘exceptional progress’ and it will be a shorter day today. The jury are likely to be sent home by lunchtime.


10:34
Lauren Henson giving evidence
The retrial has started and Lauren Henson is giving evidence from the witness box.

She is being questioned first by prosecutor David McLachlan QC.

10:35
Gym membership
Ms Henson said she had a membership at a gym in Accrington last year.

She told the jury she would go a couple of times a week.

 

[SpursGyal]

10:38
Weightlifting section
Mr Henson said there was a weightlifting section at the gym.

She said when she attended she often noticed two males, one younger and one older, who “stood out”.

She said:

It was the clothes they were wearing. They were not wearing gym clothes as such.

The other thing I noticed was the younger lad didn’t like he should be in that weightlifting area.

He didn’t look like he could lift those weights in the area. Everybody else in there were big, muscly men. He was small and thin.

It didn’t look like he could lift the weights everybody else was lifting.”


10:40
CCTV appeal
Ms Henson said she became aware of a police CCTV appeal and recognise the male in the footage as the same person at the gym.

She said: “I was waiting for my friend and was on Facebook and it popped up with the footage.

“I noticed it straight away and phoned the number straight away.”

 

[SpursGyal]

10:43
Cross-examination
Under cross-examination from barrister Mark Fenhalls QC, Ms Henson said she didn’t know what weights the male was lifting.

Her evidence has now concluded and she has left the witness box


10:44
What's next
Prosecutor David McLachlan QC said they only have some more agreed facts to deal with and a ‘police officer to deal with some matters’.

 

[SpursGyal]

10:46
Case concluded for the day
We said earlier it was going to be a very short day.

The Judge has told the jury that they have now heard ‘most of the evidence in the case’.

They have now been sent away until Monday.

Defence barrister Mark Fenhalls QC said he needs time today to speak to the defendant before the defence case resumes.


And thats it for today!

 

[Alyce]

10:46
Case concluded for the day
We said earlier it was going to be a very short day.The Judge has told the jury that they have now heard ‘most of the evidence in the case’.They have now been sent away until Monday.
Defence barrister Mark Fenhalls QC said he needs time today to speak to the defendant before the defence case resumes.

And thats it for today!

Ah, and maybe he doesn't want to drive over to Wetherby

 

[Alyce]

Ok I admit I've not had my morning caffeine yet ! but can someone explain the relevance of and usefulness to the Prosecution of the witness evidence today ?

 

[SpursGyal]

Ok I admit I've not had my morning caffeine yet ! but can someone explain the relevance of and usefulness to the Prosecution of the witness evidence today ?

I think the court reporting has missed some of her detail, last time it was reported she said that he was always weightlifting and could lift weights that she didn't think he could because of his build. Trying to erase any doubt that he wasn't physically strong enough to over power her i imagine.

 

[sunflower22]

Ok I admit I've not had my morning caffeine yet ! but can someone explain the relevance of and usefulness to the Prosecution of the witness evidence today ?

I think they was trying to say he was strong lifting weights but she couldn’t even say what weight he was lifting so bit pointless like you said. Women lift weights these days it doesn’t mean there strong.

 

[Princessconsuela]

Ok I admit I've not had my morning caffeine yet ! but can someone explain the relevance of and usefulness to the Prosecution of the witness evidence today ?

Showing hes stronger than he looks I imagine, not great that she couldn't say what weight they were though.

 

[Alyce]

Thanks, that makes sense. I didn't read it properly -



He didn’t look like he could lift those weights in the area. Everybody else in there were big, muscly men. He was small and thin.
It didn’t look like he could lift the weights everybody else was lifting.”


I read it that she was saying he was not able to lift the weights - but she was saying he could lift them, even though he looked as though he would not have been able to.

 

[Legally Bland]

Ok I admit I've not had my morning caffeine yet ! but can someone explain the relevance of and usefulness to the Prosecution of the witness evidence today ?

From LT:

Mr McLachlan asks her about a CCTV still she saw on her phone:

"I was waiting to go to the gym and I was on Facebook and trhe footage popped up and I noticed it straight away and I phoned the police.

"I recognised the man in the footage was the young man in the gym."

 

[JosieJo]

So nothing new since the last trial ...and to be honest nothing damning from the prosecution

They are going to have to the rely on the Jury thinking he likely did it because he disposed of her ...not the best reason to find someone guilty

 

[sunflower22]

I’m very interested to hear the defence next week. I don’t think the prosecution have hard evidence that it was him, not the best evidence to a murder trail. I couldn’t find him guilty of murder at this point IMO

 

[Alyce]

Thanks Sunflower and Consuela, it was me not understanding her meaning. But I also agree, it doesn't help too much if she had no idea of the weight he was lifting.

 

[Coveting]

If the defendant is found not guilty of murder and manslaughter.. what kind of prison sentence are we looking at for moving & concealing the body? I presume at the very least he will be sentenced for that if not the other charges.

 

[SpursGyal]

I don't think the jury would have a hard time convicting at the moment.

They have him in the area at the time she entered, They have someone who matches his description in the area acting in a threatening way towards a woman, there is no sign of anyone else in the area. There is no DNA evidence of anyone else on Lindsay, he only admitted to the disposing of her body IMO because they have more than enough evidence on him forensic and cctv. His story is a fairytale, and it's quite easy to see that.

 

[SpursGyal]

If the defendant is found not guilty of murder and manslaughter.. what kind of prison sentence are we looking at for moving & concealing the body? I presume at the very least he will be sentenced for that if not the other charges.

Prevention of a lawful burial holds a maximum sentence of Life. - But obviously you have to account for his age, and the guilty plea.