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

[Spender]

How’ay man .....I’m so impatient

 

[Becky53]

They’ll be breaking for an extended lunch next...

 

[SpursGyal]

12:15
Agreed facts
The jury are being taken through some agreed facts between the prosecution and defence.

They have also been asked to make some corrections to statements in their jury bundles.

 

[SpursGyal]

A little more detail from over at the Telegraph...

12:17pm

Mrs Justice Yip is explaining to the jury why there was a short adjournment.

There are a few amemdments being made to the jury bundle timeline, including what was said by Shane Killaway in regards to him speaking with the Bibby's on the Coppice on August 13.

Mrs Justice Yip says this was not evidence in the case but was 'hearsay' evidence.

Mrs Justice Yip says: "Please remember when you retire, you are going to be thinking about Mrs Bibby's evidence and I will remind you of what she said, but just so you are thinking of that evidence rather than what's written down here.

"I want you to strike out the sentence in which Mr Killaway says 'he thinks they tell them that they saw'.

"And in the sentence that says 'the couple said they saw the jacket' - can you strike out jacket.

"There are police reports that say Mrs Bibby said 'fabric' or 'material', and I will tell you her response, but it is not an agreed fact that she said 'jacket, or that 'there was a jacket there'."

 

[SpursGyal]

From the Telegraph again...

12:28pm

Mr McLachlan QC is telling the jury: "There is following further evidence - the blue Hyndburn council wheelie bin, there's further DNA evidence of blood stains - three small airbone spots were identified on the inside of the bin.

"The DNA obtained is from a male individial - to this date this has been referred to as 'unamed male two' but cannot be determined from who it came.

"In relation to the Skechers trainers, a mixture of DNA from at least three individuals was obtained.

"The major DNA profile matched the defendant's profile, and Lindsay Birbecks' is a minor.

"There was some DNA from someone else which is unknown.

"If we go to the gloves, which were found at the deposition site - the forensic scientist found DNA matching the defendant's and another person, so two individuals.

"The final agreed fact is that on August 3 this year the defendant pleaded guilty to assisting an offender."

 

[SpursGyal]

12:33
More agreed facts
Defence barrister Mark Fenhalls QC is now taking the jury through more agreed facts.

These include:

• details on the defendant’s height, age and weight and family details
• Lindsay Birbeck’s height and weight
• No DNA from Lindsay Birbeck was found on the defendant’s clothes recovered at his home
• No evidence of sexual contact and no DNA from the defendant
• No clothing attributed to Lindsay Birbeck found at the defendant’s home
• No pairs of trainers at the defendant’s home with a ‘blue flash logo’ as identified by Zoe Braithwaite from the lone male figure she saw at the Coppice

12:34
3,000 hours of CCTV
Det Sgt David Bowler is now in the witness box and is discussing the police search into Lindsay Birbeck’s disappearance.

He said around 3,000 hours worth of CCTV was analysed.

 

[SpursGyal]

12:34
3,000 hours of CCTV
Det Sgt David Bowler is now in the witness box and is discussing the police search into Lindsay Birbeck’s disappearance.

He said around 3,000 hours worth of CCTV was analysed from the area of Burnley Road, Accrington.

Det Bowler said they concluded she didn’t walk down Carlisle Road and must have turned left down Peel Park Avenue.

She was also not seen on the external camera of a bus which travelled along Burnley Road a short time after she left her home.


No useful CCTV from Peel Park Avenue
Det Sgt Bowler said there were three cameras from houses on Peel Park Avenue.

He said two cameras were not working on August 12 and the other was a motion camera with sometimes picked up cars but not pedestrian movements.

 

[SpursGyal]

12:42
‘Many ways in and out the Coppice that are not captured by CCTV’
Defence barrister Mark Fenhalls QC said there are “many ways in and out the Coppice that are not captured by CCTV”.

Det Sgt Bowler agreed saying: “The cameras close to the Coppice were all viewed.

Mr Fenhalls said: “You have done all you can do because there are not cameras everywhere.”

Det Sgt Bowler said: “I’d agree with that.”


12:43
'80 to 100' vehicles seen on Peel Park Avenue
The jury have been told that “80 to 100 vehicles” were seen on CCTV from Peel Park Avenue between 4pm and 6pm on August 12, 2019. - the day Lindsay Birbeck went missing.

 

[SpursGyal]

12:47
Jury seen all CCTV footage of the defendant
Det Sgt Bowler said the jury have seen “all the moving footage of [the defendant] in this case” from the cameras analysed the area of the Coppice.

12:48
Only two homes searched
Det Sgt Bowler has also confirmed the only two homes searched as part of the investigation are Lindsay Birbeck’s and the defendant’s.

 

[Spender]

if dna from LB’s boyfriend from 4th August was present then that pretty much rules out she was sexually assaulted by the defendant JMO .

 

[SpursGyal]

12:51
No CCTV checked before August 12
Det Sgt Bowler has told the jury that they didn’t look for any CCTV from before Lindsay’s disappearance on August 12, 2019.

He said: “The initial time parameters was between 2pm August 12 and midnight. That was extended much wider once Lindsay Birbeck’s body was discovered [on August 24].”

 

[Whitehall 1212]

if dna from LB’s boyfriend from 4th August was present then that pretty much rules out she was sexually assaulted by the defendant JMO .

I don't understand your point?

It was not possible to establish the presence of any third party DNA on the body owing to the degree of decomposition and other destructive environmental factors.

 

[Alyce]

I find the differences in reporting to be interesting...

Lancs Telegraph ..the wording used is entrance, which makes it sound more formal, rather than ways which was used by Lancs Live


DS Bowler is now confirming that there are multiple entrances to the Coppice and was asked if every access point was covered by CCTV.


He aid: “No we don’t have CCTV at every entrance to The Coppice.”

Lindsay Birbeck murder retrial - teenager could speak in court as case for defence opens today

 

[Alyce]

Another snippet from Lancs Telegraph


DS Bowler is now being asked questions by Mr McLachlan:


"All moving CCTV you have of the defendant has been seen in this case.


"Is there any CCTV of the defendant after August 17, on the Coppice side of Burnley Road?"


DS Bowler says: "No there was no CCTV of the defendant after August 17 on the Coppice side of Burnley Road."

The jury is being told the only other CCTV of the defendant after August 17 is from Accrington Cemetery





Lindsay Birbeck murder retrial - teenager could speak in court as case for defence opens today

 

[Spender]

I don't understand your point?

It was not possible to establish the presence of any third party DNA on the body owing to the degree of decomposition and other destructive environmental factors.

If DNA has been detected from her boyfriend taken from an intimate test from the 4th August would that not suggest he was the last to be intimate with her ?

 

[Becky53]

12:33
More agreed facts
Defence barrister Mark Fenhalls QC is now taking the jury through more agreed facts.

These include:

• No DNA from Lindsay Birbeck was found on the defendant’s clothes recovered at his home

If he moved the body (which he has admitted) surely DNA would be on his clothing. So this suggests to me that the clothing he wore that day was disposed of along with the trainers he wore and the missing items of Lindsay that have not been recovered.

 

[Whitehall 1212]

DBM

 

[sunflower22]

If he moved the body (which he has admitted) surely DNA would be on his clothing. So this suggests to me that the clothing he wore that day was disposed of along with the trainers he wore and the missing items of Lindsay that have not been recovered.

She may have already been wrapped in the plastic sheets?

 

[SpursGyal]

Sorry - I thought i had brought this over.

12:54
Adjourned for lunch
Det Sgt Bowler has finished answering questions in the witness box.

The jury have been sent away for lunch and will return at 2.15pm.

 

[SpursGyal]

No DNA was recovered from LB's body.

The decomposition and environmental factors destroyed any that was present.

12:33
More agreed facts
Defence barrister Mark Fenhalls QC is now taking the jury through more agreed facts.

These include:

• details on the defendant’s height, age and weight and family details
• Lindsay Birbeck’s height and weight
• No DNA from Lindsay Birbeck was found on the defendant’s clothes recovered at his home
• No evidence of sexual contact and no DNA from the defendant
• Intimate DNA swabs were taken from Lindsay Birbeck and DNA found matched that of her partner from August 4
  
• No clothing attributed to Lindsay Birbeck was found at the defendant’s home
• No pairs of trainers at the defendant’s home with a ‘blue flash logo’ as identified by Zoe Braithwaite from the lone male figure she saw at the Coppice