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

[SpursGyal]

11:29
Police attended the scene
Prosecutor David McLachlan QC is now telling the jury how police attended the scene and found the ‘shallow ditch’ and a plastic sheet.

11:31
Forensic science investigation
Mr McLachlan is now taking the jury through agreed facts about the forensic science investigation.

CSI Naomi Fisher attended Accrington Cemetery on the morning of August 25 - the day after Lindsay’s body was found.

She took photographs and also seized ‘loose vegetation’ from the grave and surface vegetation.

An examination determined the vegetation appeared to have been ‘pulled by hand’ and not cut.

The jury heard that some of it appeared to have been pulled from the woodland or edge of the cemetery, however it maybe possible to have been harvested elsewhere as it is ‘widespread and locally abundant in the area’.

 

[SpursGyal]

11:37
Dr Mark Spencer - forensic botanist
Vegetation was recovered from underneath the body of Lindsay Birbeck.

Forensic botanist Dr Mark Spencer said in his statement that it appears to have been pulled by hand and its ‘probable that the offender wore gloves to pull vegetation’.

He believes it was pulled between three to five days before August 25.

Mr Spencer said it did not originate from the parts of Accrington Cemetery that he surveyed and it does show a considerable similarity to the wetter vegetation on the lower slopes of Hillock Vale behind Lindsay Birbeck’s home.

 

[Alyce]

I'm really surprised the police search dog didn't alert to her body as he was pretty much on top of it ..and she was in a very shallow grave hardly covered

I seem to remember, in the first trial, there was some discussion/comment to the effect that the police dog handler had kept his dog on a lead while searching that area and it was said that they ( police and dog ) had been several metres distance from where LBs body was buried.
This time the reporting is saying the dog was not on a lead ? so it is strange that he was not drawn to the shallow grave.
By the time Mr Parkinson's dog discovered LB, 4 days later, there would have been more deterioration / odour - but even so, it is surprising that the police did not find her during their earlier search.

 

[Alyce]

dbm

 

[SpursGyal]

11:41
Plastic sheet examination
Forensic Specialist Helen Jones compared the large plastic sheet recovered from Lindsay’s grave and a roll of plastic which was recovered from the defendant’s home.

There were ‘suffocation labels’ printed on both sets of plastic.

The jury heard that in Ms Jones’ opinion the plastic recovered from both the cemetery and the defendant’s home are ‘indistinguishable from each other in size, appearance and features’.

Other plastic bags found at the grave and the defendant’s home were also deemed to be ‘indistinguishable’.

 

[SpursGyal]

It was estimated the vegetation was pulled up three to five days before the body was discovered.


It was deduced that some of the vegetation matched that of vegetation on The Coppice

Lindsay Birbeck murder retrial - updates as case for prosecution draws to a close



Done during one of his subsequent visits to the cemetery, days after the burial ?

Likely. Would maybe explain his many return visits.

 

[Alyce]

11:37
Dr Mark Spencer - forensic botanist
Vegetation was recovered from underneath the body of Lindsay Birbeck.

Forensic botanist Dr Mark Spencer said in his statement that it appears to have been pulled by hand and its ‘probable that the offender wore gloves to pull vegetation’.

He believes it was pulled between three to five days before August 25.

Mr Spencer said it did not originate from the parts of Accrington Cemetery that he surveyed and it does show a considerable similarity to the wetter vegetation on the lower slopes of Hillock Vale behind Lindsay Birbeck’s home.

Now I'm puzzled. The date line must be a few days out - he surely was not moving LBs body to put more vegetation underneath it , days after he had buried her ?

 

[JosieJo]

I seem to remember, in the first trial, there was some discussion/comment to the effect that the police dog handler had kept his dog on a lead while searching that area and it was said that they ( police and dog ) had been several metres distance from where LBs body was buried.
This time the reporting is saying the dog was not on a lead ? so it is strange that he was not drawn to the shallow grave.
By the time Mr Parkinson's dog discovered LB, 4 days later, there would have been more deterioration / odour - but even so, it is surprising that the police did not find her during their earlier search.

Yes it's now being reported that the handler said the dog did search that area ...but he cant say whether or not his dog would alert to a body in plastic...seems a bit odd though as hardly air tight wrapping

 

[SpursGyal]

11:49
DNA from blue wheelie bin
Mr McLachlan said the blue wheelie bin was examined at Dill Hall Lane Cemetery on August 25.

A blood swap from inside the bin was analysed and a forensic scientist said there is ‘extremely strong support for the view there is DNA from Lindsay Birbeck within the sample’.

Hair was also found in the bin and DNA matched Lindsay’s profile.


11:51
Blue plastic found at Coppice
The jury are now being told about blue plastic recovered from the Coppice on August 28.

 

[SpursGyal]

Now I'm puzzled. The date line must be a few days out - he surely was not moving LBs body to put more vegetation underneath it , days after he had buried her ?

Possible she was in more than one location within the cemetery?
Wasn't happy with the first location?

 

[SpursGyal]

11:59
Skip searches
They jury have been told that on August 28 PC Fielden was tasked with searching two large skips that been transported from Accrington Cemetery to the council yard on Corporation Street, Accrington.

At 1.50pm he picked up a blue plastic carrier bag and found it contained a pair of Skechers trainers which had been cut along the sole so as to separate the upper from the sole.

At 2.17pm a CSI investigator arrived and seized the trainers and a right Sketchers trainer sole from the rubbish pile.

DNA was recovered and the forensic scientist said “there is extremely strong support for the view that there is DNA from the defendant within the sample rather than his DNA not being present.”

The investigator also said “there is very strong support for the view there is also DNA from Lindsay Birbeck within the sample rather than her DNA not being present.”

 

[Roostercat]

Now I'm puzzled. The date line must be a few days out - he surely was not moving LBs body to put more vegetation underneath it , days after he had buried her ?

The Botanist says it is very similar to Hillhock Vale vegetation but was only pulled 3-5 days prior to the 25th August. So that would have to mean the defendant went back to Hillhock vale between 20th and 22nd just to pull vegetation to put on the grave? There has been no mention of CCTV showing him going back to Hillhock during these dates. I to am confused!

 

[JosieJo]

The Botanist says it is very similar to Hillhock Vale vegetation but was only pulled 3-5 days prior to the 25th August. So that would have to mean the defendant went back to Hillhock vale between 20th and 22nd just to pull vegetation to put on the grave? There has been no mention of CCTV showing him going back to Hillhock during these dates. I to am confused!

It may have been in the bin with her

Having looked still to late on 20th

He does say though did not look like the vegetation he looked at in cemetery...depends on where he looked I suppose

 

[SpursGyal]

12:11
Gloves found at Accrington Cemetery containing DNA
Crime Scene Investigator Duffy attended Accrington Cemetery on August 31, 2019 and examined a yellow coloured handled saw and a pair of green heavy duty gloves.

The outer surfaces of the gloves were both muddy and dirty with soil debris. Both tested positive for blood on the outer surfaces but no visible staining was observed.

CSI Duffy said there is ‘extremely strong support’ of DNA matching the defendant on the inner surface of both gloves and ‘extremely strong support’ of Lindsay Birbeck’s DNA on the outer surface of one of the gloves.

12:15
Defendant arrested
Prosecutor David McLachlan said the defendant voluntarily attended Greenbank police station on August 27, 2019 with his family after a police CCTV appeal.

He was arrested on suspicion of Lindsay Birbeck’s murder.

12:22
Defendant's home searched and police interviews
Det Sgt Bowler said the defendant’s home was searched and his clothing was seized, including tracksuits.

These tracksuits are said to be the same one’s worn by the defendant in the CCTV footage and an image used in a police appeal.

He was also interviewed under caution at the police station in the presence of a solicitor, intermediary and an appropriate adult.

The interviews were held on August 29, 30 and 31.

 

[SpursGyal]

12:29
Case adjourned to 2pm
The Judge has adjourned to 2pm when we will hear evidence from two witnesses in the witness box.

 

[JosieJo]

For anyone who may know about sentencing etc ??
How much does he stand to gain in prison years by pleading not guilty to manslaughter?
Based on already pleading guilty to unlawful burial??

 

[Legally Bland]

For anyone who may know about sentencing etc ??
How much does he stand to gain in prison years by pleading not guilty to manslaughter?
Based on already pleading guilty to unlawful burial??

Is this what you mean?

Reductions in sentence for a guilty plea

[...]

A reduced discount of one quarter is suggested where the plea was only entered after the first stage of proceedings, reducing on a sliding scale to a maximum of one tenth where the plea was entered on the first day of the trial. The reduction should normally be reduced further, even to zero, if the guilty plea is entered during the course of the trial.

Reductions in sentence for a guilty plea.

 

[PiggyStardust]

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

Agreed Josie,Jo every entrance/exit off the Coppice are not all cameraed up. However I can picture a scene in the investigation office where a map has a pin in it at Lindsay's house and from that a circle is drawn at half a mile, a mile and ever widening circles, yes of course taking in the defendants home, him emerging from the bushes at Isotherm behind his home bears that out. Within these circles every camera will have been checked out. The contacting of drivers with dashcam footage adds another layer to all this too.

I don't buy either he's keeping to a code of silence about criminal activity and a refusal to give evidence to the police. Loyalty to the oath of omertà doesn't run much through his community here in East Lancashire" IMHO.

 

[HongKongPhooey]

I'm thinking it's just as well he admittedto transporting LB in the bin. If it came down to chain of evidence being secure, prosecution may have trouble due to the various oversights made.

 

[Legally Bland]

Just noting that the times he went to the cemetery on the Friday and Saturday are almost identical.

Fri 23/8/19 13:33 The defendant was seen in the ‘vicinity of the body deposition site’.

Fri 23/8/19 14:41 The defendant is then seen on different CCTV cameras leaving the cemetery and walking down Whitewell Road.

Sat 24/8/19 13:34 The defendant was observed walking up Whitewell Road towards Burnley Road. He entered the cemetery and walked in the general direction of the body deposition site.

Sat 24/8/19 14:20 The defendant was observed walking down Whitewell Road away from Burnley Road.