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

[SpursGyal]

14:27
Agreed facts
Prosecutor David McLachlan QC is now directing the jury to look at a set of ‘agreed facts’ in their bundles.

These are facts which are not disputed between the prosecution and the defence.

14:30
More CCTV shown to the jury
Det Sgt Bowler is now back in the witness box and is showing a series of CCTV clips to the jury.

The first is of the defendant walking up Whitewell Road towards Burnley Road and wearing a hooded tracksuit.

The hood is up and his hands are in his pockets.

14:27

 

[SpursGyal]

14:33
CCTV near the Whitakers Arms
Another CCTV camera shows the defendant walking up Burnley Road and turning right up a path immediately before he reaches the Whitaker Arms pub.

He has just crossed over the road from near to Accrington Cemetery.

 

[HongKongPhooey]

14:23
Fingernails intact
Dr Carter said Lindsay Birbeck’s fingernails were intact and ‘there is no evidence they were involved in any kind of struggle’.


14:24
'Stamp, knee or kick'
Dr Carter said the neck injuries are consistent with a ‘stamp, kick or knee’.

14:25
Dr Naomi Carter evidence concluded
Dr Naomi Carter has now left the witness box after a brief cross-examination.

Stamp, knee or kick (awful even to write that) - I think she must have been on the ground at that point. They're not including a neck stranglehold as an option

 

[SpursGyal]

Maybe dragged her to the floor from behind? Knelt on her neck? - Horrible to think this happened, likely because she was in the wrong place at the wrong time, in broad daylight, so close to her home.

 

[SpursGyal]

14:41
CCTV of Zoe Braithwaite
CCTV is now being showed of member of the public Zoe Braithwaite walking along Elmwood Close towards the Coppice.

This was taken at about 3.45pm on August 12 - the day Lindsay Birbeck went missing


14:44
CCTV of Lindsay Birbeck
Det Sgt Bowler is now showing the jury CCTV clips of Lindsay Birbeck walking away from her home address in Huncoat and along Burnley Road in the direction of Accrington.

The footage was obtained from residential properties along the street.

 

[SpursGyal]

خرائط ‪Google‬‏‏

Elmwood Close for reference.

 

[SpursGyal]

14:45
More CCTV of Zoe Braithwaite
More CCTV from the area shows Zoe Braithwaite walking past the Peel Park Hotel in Accrington.

She is on her way home after walking on the Coppice.


14:48
Last time Lindsay Birbeck was seen alive
The final clip is of Lindsay Birbeck walking down Burnley Road at 4.06pm on August 12.

Det Sgt Bowler said this is the last time she was captured on CCTV.

He said there were no other sightings of Lindsay on any other camera on Burnley Road.

 

[SpursGyal]

14:53
Lindsay Birbeck's text messages
Det Sgt Bowler said Lindsay Birbeck sent a text message to her friend Sharon Griffiths at 3.09pm on August 12.

The jury were told that Lindsay also exchanged text messages with her new partner Rob Chaplow. She sent him a final message at 3.41pm.

14:55
10 minute break
There will now be a 10-minute break while they prepare the court for the next witness.

 

[SpursGyal]

15:10
Trial resuming
The court is back in session.

We will now hear evidence from Zoe Braithwaite who was walking in the Coppice around the time of Lindsay Birbeck’s disappearance.


15:14
Events of August 12, 2019
Zoe Braithwaite is being asked about events on August 12, 2019 - the day of Lindsay Birbeck’s disappearance.

She said she regularly walks up the Coppice to keep her fitness and ‘get her steps in’.

Prosecutor David McLachlan QC is showing Mrs Braithwaite CCTV images of her movements in the Coppice area around 4pm.


15:15
Map of Zoe Braithwaite's route
Zoe Braithwaite’s is being shown a route map of her walk on August 12, 2019.

She said the terrain is very overgrown with lots of bracken.


15:17
'Lone male on parallel path'
Mrs Braithwaite told the jury she became aware of a ‘male on the parallel path’ during her walk at the Coppice.

She said he was a ‘lone male’ and walking very slowly, wearing a hooded top with the hood up the whole time. His hands were in his jacket pocket.

The witness estimated the male was about 20-25 years old and his height was between 6ft and 6ft 2ins.

 

[SpursGyal]

15:19
'Instantly wary'
Mrs Braithwaite said: “I was instantly wary. He just looked out of place in the woods at that time of year with a hooded jacket.”

The witness said she ‘dropped back’ so she stayed behind him and was about 10ft or 3m away from him.

The jury were told the male was walking ‘really slowly’ and making ‘long slow strides’.

Mrs Braithwaite said she decided that whichever route the male took on the Coppice she would go in a different direction.


15:22
Another sighting of male on Coppice
Mrs Braithwaite said the male ‘took the longer route on the path and didn’t expect to see him again’.

However she told the jury that she later saw him around 100-120m away on the main path.

She said: I thought it was the same male, same height, same build and clothing.

“He still had a hooded grey top and gre sweat pants with the hood up and hands in pockets.

“I saw the trainers earlier and they were black.”


15:25
'Seriously concerned'
Mrs Braithwaite said the male took another path and went from being 100/120m away to around 50m away.

She told the jury that she believed the male had run to close the distance.

She said: “At that point I was seriously concerned.

“I went down the steep descent hoping I could see some people or see something heavy on the ground in case I needed to defend myself.

“It didn’t come to that. When I got to the bottom I didn’t see him again.”

 

[sunflower22]

15:19
'Instantly wary'
Mrs Braithwaite said: “I was instantly wary. He just looked out of place in the woods at that time of year with a hooded jacket.”

The witness said she ‘dropped back’ so she stayed behind him and was about 10ft or 3m away from him.

The jury were told the male was walking ‘really slowly’ and making ‘long slow strides’.

Mrs Braithwaite said she decided that whichever route the male took on the Coppice she would go in a different direction.


15:22
Another sighting of male on Coppice
Mrs Braithwaite said the male ‘took the longer route on the path and didn’t expect to see him again’.

However she told the jury that she later saw him around 100-120m away on the main path.

She said: I thought it was the same male, same height, same build and clothing.

“He still had a hooded grey top and gre sweat pants with the hood up and hands in pockets.

“I saw the trainers earlier and they were black.”


15:25
'Seriously concerned'
Mrs Braithwaite said the male took another path and went from being 100/120m away to around 50m away.

She told the jury that she believed the male had run to close the distance.

She said: “At that point I was seriously concerned.

“I went down the steep descent hoping I could see some people or see something heavy on the ground in case I needed to defend myself.

“It didn’t come to that. When I got to the bottom I didn’t see him again.”

I’m sure last time she gave evidence she gave a description of the trainers, saying they where blue with a v Mark? Now she’s saying there black?

 

[SpursGyal]

15:27
Zoe Braithwaite contacted police
The jury were told that a ‘mass search’ for Lindsay was held at the Coppice on August 19 and Zoe Braithwaite went along to try and speak to a police officer. However she was unable to find anyone.

She said she then contacted 101 but couldn’t get through because it was busy.

Mrs Braithwaite told the jury that she then started to fill in a form on the Lancashire Constabulary website but her session ‘timed out’.

She then completed the website form the next day during her lunch break.


15:28
Defence cross-examination
Zoe Braithwaite is now being cross-examined about her evidence by defence barrister Mark Fenhalls QC


15:30
Police contact efforts
Zoe Braitwaite said after seeing the male on August 12 she spoke with her husband but didn’t take any further action at that time.

The witness said after seeing the appeal and media reports she decided to try and speak to a police officer on August 12. When this didn’t work she made two attempts to complete an online form.


15:31
Eyesight and glasses
The jury were told that the closest Mrs Braithwaite got to the male on the Coppice was 3m (10ft) and the furthest away was around 150ft.

Mr Fernhall then refers the jury to her statement where she describes her eye sight.

Mrs Braithwaite said she wears varifocal glasses for driving.

In her statement, she said: “My sight from anything beyond 15ft can be affected if I don’t wear my glasses.

“I’m not sure I did have them on that day.”

15:30

 

[SpursGyal]

I’m sure last time she gave evidence she gave a description of the trainers, saying they where blue with a v Mark? Now she’s saying there black?

That may have been mentioned again today, We will miss come details. The press will be summarising for updates.

 

[SpursGyal]

15:32
Zoe Braithwaite's description of the male
Zoe Braithwaite is now being asked about her description of the male at the Coppice as being 20 to 25 years old and between 6ft and 6ft 2ins.

15:37
Discrepancies between evidence at first trial
Mr Fenhalls QC said in Zoe Braithwaite’s evidence this afternoon she gave a description of the lone male at ‘point one’ on a map of the Coppice shown in court.

The defence barrister said at the previous trial Mrs Braithwaite said she couldn’t see him at point one and could only give a description at point two on the map.

Mrs Braithwaite said: “It’s a very short distance”.

Mr Fenhalls said there was no criticism and agreed with the witness there had been a ‘muddle up’.

Asked to clarify, the witness said: “It was the same male. I probably had a clearer view of him at point two.”

 

[SpursGyal]

15:45
Reference to police statement
Mr Fenhalls has now referred to Zoe Braithwaite to her part of the police statement when the male was around 120m away to around 50m away on the Coppice path.

She said: “So while I can’t say what his original pace was at that point, what I can say for sure is that as I turned my head to glance at him he pulled up short, almost startled when I turned to look.”


15:48
Upside down 'V' on blue trainers
The jury heard Mrs Braithwaite then made another statement to the police a week later.

The jury were told that in this statement she said the male’s trainers had an ‘upside down V’ and were blue.

 

[SpursGyal]

15:54
More questions from prosecution
Defence barrister Mr Fenhalls QC has now concluded his cross examination of Zoe Braithwaite.

Prosecutor Mr McLachlan QC said he has a couple of questions.

The first is about the description of the tracksuit worn by the male.

Mrs Braithwaite said it was a ‘mid to dark charcoal grey’ tracksuit worn by the male.

She was then asked the distance between herself and the male at different points on the Coppice map.


15:58
Zoe Braithwaite shown CCTV of suspect
The jury have been told that Zoe Braithwaite was shown CCTV of the suspect walking down Burnley Road during a subsequent police visit.


15:58
Zoe Braithwaite evidence concluded
Zoe Braithwaite has now concluded her evidence.

 

[SpursGyal]

Adjourned until tomorrow.

16:03
Retrial adjourned for today
The Judge has said this is now a convenient point to adjourn the retrial.

The hearing will resume at 10.30am tomorrow morning.

We will being you a full round-up of today’s evidence shortly.

 

[Legally Bland]

Many thanks for the updates SpursGyal and Alyce.

 

[Roostercat]

Were there any timings given, for when Zoe was first captured on CCTV on Elmwood Close and then later when captured at Peel Park Hotel? Just trying to get them straight in my mind. From the point LB was last seen on CCTV at 4.06pm, it would have taken her no more than 7-8 minutes to get to the top of Peel park avenue so 4.14pm, must have missed Zoe by only a couple of minutes. Then so quick from the sighting of the coat 'sometime after 4.15pm'

 

[Legally Bland]

Were there any timings given, for when Zoe was first captured on CCTV on Elmwood Close and then later when captured at Peel Park Hotel? Just trying to get them straight in my mind. From the point LB was last seen on CCTV at 4.06pm, it would have taken her no more than 7-8 minutes to get to the top of Peel park avenue so 4.14pm, must have missed Zoe by only a couple of minutes. Then so quick from the sighting of the coat 'sometime after 4.15pm'

From the first trial:

15:44 Zoe Braithwaite enters the Coppice area from Elmwood Close and felt threatened by a lone male walker.
16:00 Just after 4 pm Lindsay Birbeck was observed walking down Burnley Road in the direction of Accrington town centre.
16:04 Zoe Braithwaite walks back from the Coppice area near the Peel Park Hotel.
16:06 Lindsay Birbeck continued walking down Burnley Road and the last sighting of her alive was at 4:06 pm from a CCTV camera on Burnley Road.
16:20 Judith Bibby went on a dog walk in the Coppice with her husband Martin.
16:30 At around 4.30pm Judith Bibby noticed a red anorak hanging on a barb wire fence and heard a voice.