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

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  • #101
10:54
'Naked female wrapped in two transparent plastic bags'
Alison Baldry, a Crime Scene Investigator with specialist experience in the excavation of human remains, was requested by the Crime Scene Manager to go to the Accrington Cemetery on August 25 to carry out a forensic archaeological investigation of a potential clandestine burial.

Mr McLachlan told the jury: “The purpose of the examination was to record, excavate and recover any human remains present along with other pertinent evidence which might assist with the identification of the deceased and the understanding of the circumstances surrounding the death.

“Alison Baldry concluded that the burial was located in a woodland area. The burial was excavated using standard archaeological techniques to expose a naked female wrapped in two transparent plastic bags. There was one large bag and one smaller. bag.

“The plastic wrapping also contained straw / grass like vegetation which was visibly different to the vegetation in the burial’s immediate environment.”


Details of the burial site
Alison Baldry said the burial site had not been recently dug and may have been a tree hole based on its irregular shape. Due to on-going works in the cemetery the feature may have been man made.

However, it is possible to say that it is “highly unlikely that this feature was dug as a premeditated clandestine burial”, the jury heard.

Mr McLachlan said: “According to Alison Baldry the lack of ground level disturbance or spoil heaps in the vicinity implies that this soil was brought to the scene from elsewhere.

“Furthermore, the presence of cemetery related objects, such as plastic leaves and fabric petals in the fill, suggested that it may likely have been sourced from the cemetery grounds.

“The body would later be identified as Lindsay Birbeck’s by reference to dental records.”

DNA from blue wheelie bin
On August 25, PC Birchall went to Dill Hall Cemetery and identified the blue wheelie bin as the same bin that he had seen at Accrington Cemetery on Burnley Road on August 20.

A Crime Scene Investigator took photographs of the bin and it was later examined by a forensic scientist.

Mr McLachlan told the jury: “To the naked eye it all looked clean and crisp.

“However she identified some areas of blood staining inside the wheelie bin and took swabs. She also found some dark hairs inside the bin.

“These were passed onto another forensic scientist who obtained low level DNA profiles which matched Lindsay Birbeck.

“In addition the forensic scientist also obtained a low level trace of DNA from one of the hairs and all of the DNA components matched Lindsay Birbeck.

'Severe compressive force directed at the neck'
Home Office pathologist Dr Naomi Carter carried out a post-mortem examination on August 26.

Mr McLachlan said:

Her opinion was that the cause of death was due to neck injuries. There was a marked decomposition of the body.

The state of the post-mortem degeneration was in keeping with Lindsay Birbeck having died shortly after the time she went missing i.e a post-mortem interval of 12 days.

Despite the degeneration of the body the neck skin was intact and although bruising on the skin surface could not be assessed, internally in the neck the findings were of potentially great significance.

The gross disruption of the neck cartilage is in Dr Carter’s opinion unusually severe for compression of the neck.

She will say the neck cartilages appear to have be crushed and there has been some form of severe compressive force directed at the neck.

This could have been achieved through stamping or kicking or, for example, kneeling on the front of the neck.

There was in Dr Carter’s opinion good evidence of significant ante-mortem injury - that means injury before death - to the neck.

No natural disease contributed towards her death who was otherwise a fit and healthy 47-year-old woman.”


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #102
11:03
CCTV image released to media
The jury were told a CCTV image was released to the media showing a male pulling a wheelie bin along Burnley Road in Accrington on August 17.

Loose vegetation placed across grave to 'disguise its presence'
Forensic botanist Dr Mark Spencer attended the clandestine grave in Accrington Cemetery on August 28.

Mr McLachlan told the jury that vegetation was recovered from under Lindsay Birbeck’s body.

Loose vegetation was also placed across the grave to ‘disguise its presence’.

The prosecutor said: “The vegetation appeared to have been pulled by hand. There were no signs of the plant stems being cut. It is probable that the person doing this wore gloves to pull up the vegetation.

“The majority of the vegetation appeared to have originated from within the woodland in Accrington Cemetery.

“However, Dr Spencer concluded that it was possible that this vegetation may have been harvested from elsewhere and as he had not examined the exhibit directly his conclusions should be viewed with caution.”

The jury heard that vegetation from under Lindsay’s body had come from elsewhere.

Mr McLachlan added: “The prosecution case is that the vegetation in the bin was transported and dumped into that makeshift grave.”

Skip search findings
At 1..50pm on August 28, PC Fielden was tasked with searching two large skips that had come from Accrington Cemetery.

While searching the first skip PC Fielden picked up a blue plastic carrier bag which he opened and which contained a pair of Skechers trainers which had been cut along the sole so as to separate the upper from the sole..

A Crime Scene Investigator attended and took photographs of the Skechers shoes.

The Skechers shoes belonged to Lindsay Birbeck.

Mr McLachlan said: “They were submitted for DNA profiling and no surprises they matched the DNA of Lindsay Birbeck.”


Search of defendant's home
Police carried out searches at the defendant’s home in Accrington on August 28, 29, and 30.

They recovered tracksuit clothing, clear plastic bags and a roll of plastic sheeting.

Mr McLachlan said: “Both the plastic bags and plastic sheeting were passed to and expert who compared them with the plastic bag and sheeting recovered from the body deposition site at Accrington Cemetery.

“She found that the plastic sheeting and plastic bag recovered from the cemetery were indistinguishable from that recovered from the defendants home.”

Gloves found containing defendant's and Lindsay Birbeck's DNA
On August 31, police went to the scene at Accrington Cemetery and found a pair of gloves.

Mr McLachlan told the jury Lindsay Birbeck’s DNA was found on the outer surface of the left hand glove and the defendant’s DNA was found on the inner surfaces.


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #103
11:17

Defendant arrested and interviewed
The jury were told the defendant attended Greenbank Police Station on August 27 with his family after a CCTV appeal was issued by police.

He was interviewed under caution in the presence of a solicitor and an intermediary on three separate occasions.

I did not murder Lindsay Birbeck. I was not involved in her death'
Mr McLachlan said on August 29 the defendant answered ‘no comment’ to all questions put to him by police.

In a prepared statement on August 30 signed by the defendant, he said:

I did not murder Lindsay Birbeck. I was not involved in her death.

I was not present at the time or place of her death.

I did move a body from an area off Burnley Road Accrington in a wheelie bin.

At first I hid the body but later moved it again in a wheelie bin, taking it to the cemetery on Burnley Road where I buried it on my own.

A man came up to me when I was walking alone in that area off Burnley Road and he asked me to “get rid of a body” for him.

He said that he would pay me a lot of money when everything was clear.

He showed me where the body was and he went away straightaway leaving me to “get rid of the body”.

I have not met this man before. I have not met him since nor have I had any contact with him.

He has not paid me any money. He told me that he would leave the money for me near where the body had been at first once everything was clear.

I cannot describe the man other than to say he was white, male, spoke English. I could not see his face well as he was covering it with his hood.

I am not sure of his height, build or age.

Other than as above I do not wish to say anything further”.


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #104
10:54
'Naked female wrapped in two transparent plastic bags'
Alison Baldry, a Crime Scene Investigator with specialist experience in the excavation of human remains, was requested by the Crime Scene Manager to go to the Accrington Cemetery on August 25 to carry out a forensic archaeological investigation of a potential clandestine burial.

Mr McLachlan told the jury: “The purpose of the examination was to record, excavate and recover any human remains present along with other pertinent evidence which might assist with the identification of the deceased and the understanding of the circumstances surrounding the death.

“Alison Baldry concluded that the burial was located in a woodland area. The burial was excavated using standard archaeological techniques to expose a naked female wrapped in two transparent plastic bags. There was one large bag and one smaller. bag.

“The plastic wrapping also contained straw / grass like vegetation which was visibly different to the vegetation in the burial’s immediate environment.”

That's terrible. Poor Lindsay. RIP.


Details of the burial site
Alison Baldry said the burial site had not been recently dug and may have been a tree hole based on its irregular shape. Due to on-going works in the cemetery the feature may have been man made.

However, it is possible to say that it is “highly unlikely that this feature was dug as a premeditated clandestine burial”, the jury heard.

Mr McLachlan said: “According to Alison Baldry the lack of ground level disturbance or spoil heaps in the vicinity implies that this soil was brought to the scene from elsewhere.

“Furthermore, the presence of cemetery related objects, such as plastic leaves and fabric petals in the fill, suggested that it may likely have been sourced from the cemetery grounds.

“The body would later be identified as Lindsay Birbeck’s by reference to dental records.”

DNA from blue wheelie bin
On August 25, PC Birchall went to Dill Hall Cemetery and identified the blue wheelie bin as the same bin that he had seen at Accrington Cemetery on Burnley Road on August 20.

A Crime Scene Investigator took photographs of the bin and it was later examined by a forensic scientist.

Mr McLachlan told the jury: “To the naked eye it all looked clean and crisp.

“However she identified some areas of blood staining inside the wheelie bin and took swabs. She also found some dark hairs inside the bin.

“These were passed onto another forensic scientist who obtained low level DNA profiles which matched Lindsay Birbeck.

“In addition the forensic scientist also obtained a low level trace of DNA from one of the hairs and all of the DNA components matched Lindsay Birbeck.

'Severe compressive force directed at the neck'
Home Office pathologist Dr Naomi Carter carried out a post-mortem examination on August 26.

Mr McLachlan said:

Her opinion was that the cause of death was due to neck injuries. There was a marked decomposition of the body.

The state of the post-mortem degeneration was in keeping with Lindsay Birbeck having died shortly after the time she went missing i.e a post-mortem interval of 12 days.

Despite the degeneration of the body the neck skin was intact and although bruising on the skin surface could not be assessed, internally in the neck the findings were of potentially great significance.

The gross disruption of the neck cartilage is in Dr Carter’s opinion unusually severe for compression of the neck.

She will say the neck cartilages appear to have be crushed and there has been some form of severe compressive force directed at the neck.

This could have been achieved through stamping or kicking or, for example, kneeling on the front of the neck.

There was in Dr Carter’s opinion good evidence of significant ante-mortem injury - that means injury before death - to the neck.

No natural disease contributed towards her death who was otherwise a fit and healthy 47-year-old woman.”


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #105
11:24
Summary of prosecution case

Mr McLachlan is now coming to the end of his prosecution opening and has summarised the case and issues to the jury.

He said:

On August 12 Lindsay Birbeck went out for a walk by herself in the mid afternoon. It is likely that she was going to walk on The Coppice. She never made it back home.

The reason why she never made it back home is because she had been killed on The Coppice.

The prosecution case is that the killer was [the defendant]. He took extraordinary steps to hide what he had done by taking a blue wheelie bin to the area of The Coppice on August 12.

For some reason he decided to move the body to the Cemetery across Burnley Road.

On August 16 the defendant did a dry run. He went to the area of The Coppice and then made his way into the cemetery.

On August 17 the defendant moved Lindsay Birbeck’s body from The Coppice to the Accrington Cemetery in a blue wheelie bin.

In interview, the defendant provided a prepared statement during the course of the interviews saying that he did not kill Lindsay Birbeck but that he did move the body on August 17.

The Prosecution now understand the issues to be as follows: The defendant now accepts that the person identified on the CCTV images.

He admits that he moved Lindsay Birbeck’s body on August 17. He denies being involved at all in killing Lindsay Birbeck and states that he was asked to “get rid of the body”.

The issue will be whether that’s right or not.

The prosecution case is that on August 12 Lindsay Birbeck was killed, a blue wheelie bin was put into action to hide and then move her body.

The prosecution case is the killer is the young man [on the video link]. He went to exceptional lengths to move her body and hide it in a shallow grave.

Such a good job that the police and public who searched in vast numbers were not able to find her until 12 days after she went missing.

Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #106
Defendant pleads guilty to assisting in disposal of Lindsay's body

The jury have now been told that the defendant has pleaded guilty to an alternative charge of assisting an offender in the removing and disposal of Lindsay Birbeck’s body.

The 17-year-old, who cannot be identified for legal reasons, was rearraigned before the start of a retrial at Preston Crown Court yesterday (August 3).

LancsLive is now able to report the guilty plea after the jury were informed by prosecutor David McLachlan QC a few moments ago.

The youth denies murdering mum-of-two Lindsay and a new charge of manslaughter but pleaded guilty to assisting an ‘unnamed man’ in the disposal of her body.

The charge states that between August 11 and August 20 last year the defendant ‘without lawful authority or reasonable excuse did an act namely removing the body of Lindsay Birbeck to Accrington Cemetery and concealing it therein with the intention of impeding apprehension or prosecution of an unnamed man who had unlawfully killed Lindsay Birbeck knowing or believing the unnamed man had unlawfully killed Lindsay Birbeck’.

Prosecutor David McLachlan QC said: “The prosecution doesn’t accept that plea.

“The prosecution said it is the defendant who is the mystery man and he is guilty on the count of murder.”


Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #107
Defendant pleads guilty to assisting in disposal of Lindsay's body

The jury have now been told that the defendant has pleaded guilty to an alternative charge of assisting an offender in the removing and disposal of Lindsay Birbeck’s body.

The 17-year-old, who cannot be identified for legal reasons, was rearraigned before the start of a retrial at Preston Crown Court yesterday (August 3).

LancsLive is now able to report the guilty plea after the jury were informed by prosecutor David McLachlan QC a few moments ago.

The youth denies murdering mum-of-two Lindsay and a new charge of manslaughter but pleaded guilty to assisting an ‘unnamed man’ in the disposal of her body.

The charge states that between August 11 and August 20 last year the defendant ‘without lawful authority or reasonable excuse did an act namely removing the body of Lindsay Birbeck to Accrington Cemetery and concealing it therein with the intention of impeding apprehension or prosecution of an unnamed man who had unlawfully killed Lindsay Birbeck knowing or believing the unnamed man had unlawfully killed Lindsay Birbeck’.

Prosecutor David McLachlan QC said: “The prosecution doesn’t accept that plea.

“The prosecution said it is the defendant who is the mystery man and he is guilty on the count of murder.”


Lindsay Birbeck murder retrial at Preston Crown Court - updates

Thanks for all your reporting @Alyce
 
  • #108
Lancs live have this on their twitter linked page, but not on their court reporting page !


The jury were also told about a forensic scientist who went to Hillock Vale near the Coppice and examined two concrete plinths.

He said a pair of six blue lines were found on the concrete plinths and were consistent with the wheels and hinges being dragged over the plinths.

Teen pleads guilty to assisting in disposal of body in Lindsay Birbeck trial
 
  • #109
11:33
Prosecution opening concluded
Mr McLachlan has now concluded his prosecution opening to the jury.

Detective Sergeant David Bowler has now entered the witness box as the first prosecution witness.

He told the jury that he supervised a team of detectives examining CCTV around Accrington.

Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #110
11:38


Jury shown map of key locations
The jury is now being taken through their evidence bundle and are being shown a map of the Accrington area with the key locations involved in the case.

These include:

  • the defendant’s home address
  • Lindsay Birbeck’s home on Burnley Road in Huncoat
  • locations of CCTV cameras
  • the location within the cemetery where Lindsay Birbeck’s body was found
  • Hillock Vale
  • the Coppice and surrounding paths including one known as ‘Cardiac Hill’
  • the Whitakers Arms pub on Burnley Road
  • location of the concrete plinth


CCTV of Lindsay arriving at The Mall in Blackburn
The jury are now being shown CCTV footage of Lindsay Birbeck and her daughter Sarah arriving at The Mall in Blackburn on August 12 in a red Vauxhall Astra.


Asda Accrington visit
Det Sgt Bowler is now showing the jury a second CCTV compilation of Lindsay Birbeck and her daughter Sarah at the Asda store in Accrington.
They attended the store after visiting The Mall in Blackburn.


Text message from Sarah to Linsday
Det Sgt Bowler has told the jury that Sarah sent Lindsay a text message at around 10.30am on August 12 asking if they were going shopping for a college uniform.
Lindsay agreed to pick Sarah up at around 11.30am. Lindsay asked Sarah if she’s heard from her brother who was in Benidorm.
They also had a conversation about arranging to go for tea that night at Lindsay’s house with Sarah’s boyfriend.

See you at 6pm Love you. Bye'
Det Sgt Bowler said Lindsay later dropped Sarah off at her home.
The last words she said to her daughter were “See you at 6pm. Love you. Bye.”




Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #111
11:54
Statement from Sarah Birbeck
Mr McLachlan is now reading a statement to the jury from Sarah Birbeck which was made on August 14 last year - before Lindsay was discovered.

She describes her mum as a ‘high level teaching assistant’ at Ightenhill Primary School in Burnley and said she last saw her on August 12.

She also said her mum ‘seemed very upbeat and very positive in the last two-and-a-half to three months’.

No answer from mum's house
The court heard that Sarah and her boyfriend Brandon had arranged to meet up with Lindsay for tea the same evening and they walked to her home at 5pm.

However when they tried her front door it was locked. Sarah didn’t have a key because she was expecting her mum to be in.

Sarah said they ‘knocked on the door a few times’ and looked through the window but no-one answered. She also tried to call Lindsay several times but it went to voicemail.

Sarah said: “My mum does not usually have her phone switched off or let the battery die.”

The jury heard that she thought Lindsay might have gone to the shop to buy some dessert but didn’t return.

Where are you? I was sat outside for an hour and rang six times"
The jury were told that Sarah and Brandon waited on Lindsay’s doorstep for an hour but Lindsay didn’t return. They were then picked up by Sarah’s father Tim Birbeck - Lindsay’s ex-husband.

Sarah said when she returned home she was ‘worried about my mum because it was out of character for her not to be at home’.

She sent her a text message saying “Where are you? I was sat outside for an hour and rang six times.”

When she received no answer and she sent another message with a three question marks but again got no reply.

The court was told that Sarah sent a Facebook message to Lindsay’s friend Sharon Griffiths but she had also not heard from her.


Return to Lindsay's house
At 11.45pm on August 12 Sarah returned to her mum’s house with Tim Birbeck and used a set of keys to get inside.

She described how the lights were off, Lindsay’s car was outside and the were curtains open which was ‘very unusual’.

Jurors heard that there was no sign of Lindsay and the house ‘seemed normal and nothing was out of place’.

Sarah and Tim returned home before contacting the police.

Concluding her statement, Sarah said: “[Lindsay] seemed normal. She was looking forward to me receiving my GCSE results on August 22, 2019.

“We had previously discussed that because I would be in Greece when they came out that my mum could pick them up with my permission.”

Statement of Lindsay's friend Sharon Griffiths
The jury is next hearing a statement from Sharon Griffiths who had been friends with Lindsay for 25 years.

She said she had been the one to introduce Lindsay to Tim.

Speaking about the couple’s separation, in the statement Sharon says: “I only know what Lindsay wanted me to know but they always tried to keep things on good terms.”

The statement went on to say how they had planned a trip to Glasgow together for August 21 and in the days before her disappearance Lindsay had given Sharon money for the trip, and the last time she saw her was on August 10.

Sharon said Linsday had ‘found the separation [with Tim] hard but was coming out the other side of that’.

He described Lindsay as being ‘very fit’ and doesn’t know why she is missing. Sharon said it is ‘not like her’.



Lindsay Birbeck murder retrial at Preston Crown Court - updates
 
  • #112
  • #113
Lancs live have this on their twitter linked page, but not on their court reporting page !


The jury were also told about a forensic scientist who went to Hillock Vale near the Coppice and examined two concrete plinths.

He said a pair of six blue lines were found on the concrete plinths and were consistent with the wheels and hinges being dragged over the plinths.

Teen pleads guilty to assisting in disposal of body in Lindsay Birbeck trial
I’ve just seen someone else mention that. I can’t work out where it would be, google shows it further up than her house.
 
  • #114
I think it's just an area of the coppice behind the pub.
 
  • #115
I’ve just seen someone else mention that. I can’t work out where it would be, google shows it further up than her house.
I have always assumed the field area behind LB's house is Hillhock vale, I thought it covered the area from Foxwood Chase/Deerpark to the other side of the Whittaker's Arms.
 
  • #116
I’ve just seen someone else mention that. I can’t work out where it would be, google shows it further up than her house.
It's 3 minutes walk from Lindsay's house. Higher up as you said
 
  • #117
  • #118
This is where it is.
 

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  • #119
خرائط ‪Google‬‏‏


Far as I understand it from the evidence, the route he took with the wheelie bin ( with LB body inside ) was via that pathway between Whittakers Arms and the Funeral Directors... from about the area of that lilac roof building down to Burnley Road
There is something going across that pathway at the top end - is it a fence ? not clear when I enlarge to have a look
 
  • #120
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