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

[SpursGyal]

15:02
Report assessment
The jury have been told that in a report on the defendant it stated he had “no stranger awareness and needed supervision outside”.

In another report it said he had “limited understanding of his own emotional well-being” and also “appeared to have little insight into the connection between events and emotions”.

The headteacher agreed.

 

[Kaykedi]

Second, headteacher, comments...


She says the defendant was one of her pupils for three and a half years - she says she knew the defendant for this time, and taught him on a one-to-one basis for a period of around four or five months


She is telling the jury she received some footage from a colleague on August 28.
It was of a man pulling a wheelie bin.

She said: "I wasn't 100 percent sure it was the defendant,

I could not believe my eyes when I read that!

 

[Spender]

“no stranger awareness and needed supervision outside”.

.....well he claims he negotiated a deal to dispose of the body with a stranger so that doesn’t fit too well and the fact he was unsupervised outside while toing and froing from the cemetery also says otherwise?

 

[Legally Bland]

Sorry if I missed this, a bit of extra detail in the Lancs Telegraph:

2:47pm

Mr Fenhalls: "He is described as none-verbal?"

[Head] Teacher: "Yes that's a good description."

Mr Fenhalls: "He's not someone who wouldn't necessarily understand, he would understand if you kept it simple wouldn't he?"

Teacher: "Yes, if you kept it simple then yes.

"You had to repeat yourself sometimes to make sure he understood.

"You couldn't use metaphors or anything."

 

[SpursGyal]

15:11
Defendant's police interview
The jury have been told that the defendant was arrested and interviewed on several occasions across August 30 and 31.

He was accompanied by a solicitor, appropriate adult and an intermediary.

He answered “no comment” to all questions about Lindsay Birbeck’s murder.


15:15KEY EVENT
'I did not murder Lindsay Birbeck' - defendant statement
During a police interview on August 30, 2019, the defendant, through his solicitor, provided a prepared statement.

It 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”.

 

[SpursGyal]

15:20
Clothing comparison
Det Sgt Bowler is now back in the witness box.

He is taking the jury through the comparisons of the defendants clothing from the tracksuits recovered at his home and those seen on CCTV.

15:22
Walkthrough videos
The jury are now being shown different walkthrough videos of the defendant’s movements off Burnley Road in Accrington on August 12, 2019.


15:26
Walkthrough of the Coppice
Det Sgt Bowler is now showing the jury more walkthrough videos of the Coppice in Accrington.

These include the gate and footpath near the car park and an area known locally as ‘Cardiac Hill’.

 

[Legally Bland]

I think this may be additional info too from LT:

3:04pm

The jury is being told the defendant has an IQ of 65, which affects how he comprehends and retains information.

"He is not very good at retaining information," said Mr Fenhalls.

Teacher: "Yes I agree."

Mr Fenhalls: "And this is because of the way his brain is wired, it's just the way he is."

Teacher: "Yes I agree."

 

[SpursGyal]

15:38
Jury bundles
Prosecutor David McLachlan QC is now taking the jury through their bundles to make sure they have all the statements, maps and pictures entered into evidence so far.

15:39
'Exceptional progress'
The Judge has said the trial is making ‘exceptional progress’ and we are nearing the end of the prosecution case.

The jury have been told that there will be one more witness to give evidence in the morning before some questions to police.

Her Honour Mrs Justice Yip said it will therefore be a shorter day tomorrow.

15:41
'News of potential lockdown in Preston'
The Judge is now telling the jury about ‘news of a potential lockdown in Preston’.

She said if any changes are brought in later today then this won’t affect their ability to attend court and carrying out their jury service.

She said the trial will continue as normal tomorrow.

 

[SpursGyal]

15:45
Trial concluded for today
The trial has now adjourned and will resume again at 10.30am tomorrow.

We will bring you a full summary of this afternoon’s evidence shortly.

 

[Alyce]

Just requoting this snippet.....

Did he know right from wrong?
The headteacher said the defendant was “always pleasant” and there was “no rudeness or name calling from him”.
When asked by Mr McLachlan if the defendant knew right from wrong, she said: “I’ve never been in a situation where I’ve had to test whether he knew right from wrong”.



I am not sure why the Prosecution would choose to ask the headteacher this question.
Would it not have been better to direct this question to his class teacher, the one who taught him for 3.5 years. During that length of time, he ( the teacher ) must have encountered at least one situation which would have allowed him to assess whether or not the defendant knew right from wrong ?

 

[RobinCAL]

I'm very surprised at the statement that he would be easily led. That's quite damaging.

 

[Legally Bland]

I'm very surprised at the statement that he would be easily led. That's quite damaging.

I think a lot of the teachers' testimonies cancel each other out in terms of prosecution and defence.

Prosecutor David McLachlan QC has now asked the teacher about how the defendant would react to a stranger.

He replied: “He was quite shy. He wasn’t street wise like maybe other pupils. He would probably not interact with somebody he didn’t know at all.

“He would not make eye contact and would probably not speak to them really.

“Maybe if they spoke to him he might shrug his shoulders.”

 

[RobinCAL]

I think a lot of the teachers' testimonies cancel each other out in terms of prosecution and defence.

I really hope so @Legally Bland. Concerning the jury, I hope it doesn't give them reasonable doubt.

 

[RobinCAL]

Murder accused 'could be easily led'

 

[SpursGyal]

Murder accused 'could be easily led'

This can be quite damning, but they also say they have never seen him be exploited. I really don't think they have done the prosecution any favours.

 

[ShamelessObserver]

As far as the mystery man who the defendant allegedly saw, are there any sightings of him by anyone? I wonder if the defence will produce some evidence that this person was in the area at the time. I wonder if the accused is covering for a member of his family or something, if someone else did it of course. What is this lad's motive?? It doesn't really add up. No witnesses to the crime, no motive. Bizarre..

 

[Becky53]

15:12
'It appeared as though something really heavy was in the bin. He was struggling to move it'
Mr Driver is now reading 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.

She described seeing a lone male pushing a blue wheelie bin and thought he was taking it to a nearby house. She then saw the male again a few moments later and ‘paid more attention to him’.

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.”

Ms Hewitt said she ‘immediately felt uneasy’ and it seemed ‘odd’.

The jury were told that she thought he was ‘about to drop some litter’ and they were ‘appalled and considered saying something but never did’.

The male was then seen continuing to struggle pushing the bin down the path.

Ms Hewitt said the male then stopped and was ‘sat on top of the bin’ for around five minutes and was ‘looking towards the bushes and the railway line’.

Ms Hewitt said the male was acting ‘so suspiciously’ and observed him for about 10-15 minutes in total. She said the contents of the bin ‘didn’t make a noise’.

15:18
'Pulling bin towards the railway line'
A statement from another dog walker in Accrington Cemetery on August 17 describes seeing a ‘young male slouched on top of bin’ and looking at his hands.

The witness said he then saw the male ‘walking diagonally away from the path, pulling the bin towards the railway line’.

In Ms Hewitt’s original statement she said the male was looking down towards his phone.

Ms Hewitt said she thought the man was going to dump litter.

The jury was told she watched the man sit on the bin for around five minutes, looking at some bushes near the railway track.


Ms Hewitt said the man had been struggling to move the bin.

When describing the man, she said he was looking down towards his phone and “acting suspiciously.”

Taken from LT 27th Feb 2020
https://www.lancashiretelegraph.co....eck-murder-trial-told-shifty-man-wheelie-bin/

 

[SpursGyal]

As far as the mystery man who the defendant allegedly saw, are there any sightings of him by anyone? .

None. Unless you believe the person ZB saw was the mystery stranger and not the defendant. But, we know the defendant was in the area at that time because of his movements captured on CCTV.

 

[Becky53]

Considering the defendant is said to be not good a communicating information he made quite a detailed statement via his solicitor IMO.

 

[sunflower22]

None. Unless you believe the person ZB saw was the mystery stranger and not the defendant. But, we know the defendant was in the area at that time because of his movements captured on CCTV.

I can’t make sense of a lot of it. Why didn’t he attack ZB when he had a good chance to? She was alone in a wooded area, she hadn’t tried running from him? Was he sent there to be around that area the time of the murder to frame him? There’s still a few doubts for me.