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

[Becky53]

What about the 3 other individuals DNA been on her trainers?

If shop bought numerous peoples DNA could be on them - IMO could be sales assistants.

 

[Alyce]

2:17pm
We have now reached the end of the case for the prosecution

The defence case will begin this afternoon

2:18pm
The judge is telling the court she will need to discuss legal directions with the jury

2:20pm
The jury has entered the courtroom and David McLachlan QC has now formally closed the case for the prosecution

2:21pm
Mr Fenhalls has told the jury the defendant will not be called to the stand to give evidence


2:22pm
Mr Fenhalls will not be calling for any more evidence to be brought before the jury.

The case for the defence has now closed.

2:23pm
The case against the defendant has now concluded


Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes

 

[Alyce]

2:23pm
Mrs Justice Yip is now directing the jury on legal directions

2:28pm
Mrs Justice Yip is addressing the jury: "It will be up to you whether the arguments are good ones or not.

"There is a need not to let emotions influence you.

"It is natural to feel horrified and feel great sympathy for Lindsay Birbeck's family, but such feelings are not going to help you decide.

"You have to decide whether the defendant was responsible for her death.

"And in light of this you will have to consider the defendant's learning difficulties but that is not the same as allowing emotions to detract from your duty to make a decision."

2:30pm
Mrs Justice Yip: "You are only considering counts one and two (murder and manslaughter) as the defendant has already pleaded guilty to count three (assisting an offender)."

2:32pm
Mrs Justice Yip: "As I told you, count one refletcs the prosecution's case that the defendant is guilty of murder, count three reflects what he's pleaded guilty to and reflects his case.

"Count two is an alternative lesser charge.

"If you find him guilty of count one you will not be asked for your verdict on count two.

"If you find him not guilty of count one, you will be asked for your verdict on count two."


Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes

 

[Alyce]

2:33pm
Mrs Justice Yip is explaining to the jury the difference between 'murder' and 'manslaughter'

2:41pm
Mrs Justice Yip is telling the jury to take the defendant's good character into account when deciding whether to accept what he said in his statement - but to bear in mind this was not given under oath

2:42pm
Jurors are being told not to 'speculate or guess' when coming to their final decision.

They will need to come to their decision based on evidence presented during the trial.



Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes

 

[Whitehall 1212]

Yep this is what I believe. Also, with all this unknown DNA that they are talking about , doesn’t this ‘throw out’ the lone wolf theory. There must be others involved in my opinion.

I think the newly presented facts on the DNA need some context.

1. The three blood spots on the bin are from a male. They could be from the defendant or from a third party who is or isn't involved in LB's disappearance. They could have been deposited before LB went missing, during the period LB was missing or after LB was concealed in the cemetery. The bin was not in a secure environment until it was moved to locked storage around the 22nd August.

2. The third persons DNA on LB's trainers is not that of LB or the defendant. Once again it is impossible to determine when or how that DNA came to be or the full history of the shoes. The major profile was the defendants which indicates that he had the most intense contact with the shoes....cutting the soles off?

3. With regard to the DNA sample on the gloves, we are not told if it is on the inside or outside of the glove. If on the outside it could be LB's but not identifiable. It could be that the gloves have been used by others before LB went missing who have no involvement and do not know the defendant.

The prospect of an unknown third party being involved in LB's disappearance lends 'some' credibility to the defendants story.

However, it does not preclude the possibility that he acted in concert with persons unknown and was present at the time of LB's death. Even though he may not have struck the fatal blow.

If the jury are not convinced that he was just brought in to dispose of the body then he can still be found guilty of murder or manslaughter by joint enterprise.

My feelings are still that the considerable CCTV evidence of the defendant coming and going alone in a confident and unilateral way point to his sole responsibility for the death of LB. The newly introduced low quality DNA evidence may be from LB and/or the defendant or uninvolved third parties.

I think that at present the advantage is with the defence. Maybe cross-examination of the defence witnesses will redress the balance.

Just my opinion of course.

 

[SpursGyal]

Well thats the shortest defence i have seen.

 

[Alyce]

14:40
"Don't speculate or guess"
The Jury have been told not to “speculate or guess” and to come to their decision based on evidence presented during the trial.


14:42
"Take good character into account"
The Judge said the jury should take the defendant’s “good character into account” when considering what he said in his statement to police.

However she told the jury that this was not given under oath at court.

Mrs Yip said it was the defendant’s “absolute right” not to give evidence in court and that they should “not hold it against the defendant”.


Lindsay Birbeck murder retrial at Preston Crown Court - updates

 

[RobinCAL]

IMO, I think it's either going to be Not guilty on both counts or guilty on Manslaughter

 

[sunflower22]

IMO not guilty to both.

 

[Alyce]

14:45
Prosecution summing up
The Judge has now concluded her legal directions to the jury.

Prosecutor David McLachlan QC will now begin his summing up which should last around 90 minutes.


Lindsay Birbeck murder retrial at Preston Crown Court - updates

 

[SpursGyal]

I still think he will get guilty. Possibly Manslaughter over murder.

 

[Popcorn80]

Following for a while! Thank you all for the updates. I was looking forward to hearing the defence argument this week! I didn’t think we would hear from him but I was not expecting to hear.....nothing!

 

[Alyce]

Well thats the shortest defence i have seen.

Absolutely ! and the Judge's summing up was done in record time too - already on to Prosecution Closing

 

[Mommysleuth11]

Well today has completely turned this on its head for me. I said last week I was 90% it was the defendant and him alone but due to his early prepared statement and no solid proof otherwise, I thought enough reasonable doubt.
The prosecutions agreed facts this morning leave me massively questioning it was him at all. Seems no sexual motive, which was really the only plausible one for defendant in my mind, plus unidentified DNA in pertinent places.
The defence was non existent because prosecution have just done their work and I dare say Mr Fenhalls will come to life during summing up.
Its a firm Not guilty on charges put from me this afternoon.

All MOO

 

[Alyce]

2:45pm
Mr McLachlan is now going to present the jury with his closing speech

2:46pm
Mr McLachlan: "At the start of the trial when you were bombarded with names by me I stated it wasn't a memory test but I hope you will now fully understand what this case is about - it is as serious as it gets.

2:47pm
"The two most important people in this case are Lindsay Birbeck and the man in the dock

2:48pm
"In many years you will look back and be asked to consider what you were doing in the pandemic of 2020.

"You will remember you were the jury in a murder trial.

”You will remember Lindsay Birbeck. She was 47 and had many years of her life left.

"You will remember the defendant. He is 17 years old and was only 16 at the time.






Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes

 

[Jartykarate]

So the defence was basically there is no case to answer?

 

[Alyce]

14:52
Lindsay 'treated like rubbish'
Mr McLachlan is showing the jury a CCTV image of the defendant pulling the blue wheelie bin along Burnley Road with Lindsay Birbeck’s body inside.

The prosecutor said this happened on August 17 - five days after her death.

He said: “He was on his own. He didn’t require or need supervision for what the prosecution say he had done.

“Treated like rubbish, into the wheelie bin she went. Covered in vegetation from Hillock Vale.”


14:55
'Put emotion and sympathy to one side'
Mr McLachlan said: “”It is important that a fair trial takes place and this is why you are here.

“We urge you to put emotion and sympathy to one side.

“You must not convict the defendant because you feel sorry for Lindsay Birbeck’s family.

“We also ask you to take into consideration the defendant’s special needs. This is not a free pass for him and this does not mean he is not guilty.”



Lindsay Birbeck murder retrial at Preston Crown Court - updates

 

[SpursGyal]

For me, I don't think the DNA evidence is conclusive enough to say someone else killed her. They are all trace on items that can have been handled by multiple people for completely legitimate reasons.

 

[RobinCAL]

I still think he will get guilty. Possibly Manslaughter over murder.

I really hope he gets guilty and I think it will be more possible for him to get manslaughter over murder, just with the lack of evidence. But, with the amount of reasonable doubt that there is, I really don't know what this jury is going to do.

 

[Mommysleuth11]

So the defence was basically there is no case to answer?

I think its more the defense didn't feel the need to introduce any NEW evidence to the court. The evidence has all been presented by the prosecution for both sides IMO. The barristers interpretation of the evidence during summing up, here will again IMO be of particular importance. The prosecution may argue it shows one thing, whereas defence may say differently.