sunflower22
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I’m following the live feed both on lancs live and telegraph, why has all the defence evidence disappeared?
Found Deceased UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4
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Jartykarate
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They didn’t offer a defence.
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What you are being asked to do is suspend reality
Mr McLachlan said the defendant’s version of events is ‘childish, implausible fiction’.
He told the jury: “The description he makes [of the mystery man] describes every white male in the court room at this time.
“What you are being asked to do is suspend reality and ignore common sense which is something you bring to this case in bucket loads.
“Just imagine you killed someone. Do you ask a random passer by to help dispose of the body, not knowing who they are or what they might do?
“Just think about that conversation and how it would play out.
“We live in the real world and that story doesn’t hold water.”
Mr McLachlan said teachers at the defendant’s school have also given evidence saying he wasn’t motivated by money.
Returned to Coppice with rucksack
Mr McLachlan said: “Whose idea was it to take the rucksack back to the Coppice?”
He told the jury that it was the defendant and he was alone.
The prosecutor then said: “Whose idea was it to being the wheelie bin to the scene.?It was the defendant. He went to extraordinary efforts because he had done something extraordinary.”
Lindsay Birbeck murder retrial at Preston Crown Court - updates
Mr McLachlan said the defendant’s version of events is ‘childish, implausible fiction’.
He told the jury: “The description he makes [of the mystery man] describes every white male in the court room at this time.
“What you are being asked to do is suspend reality and ignore common sense which is something you bring to this case in bucket loads.
“Just imagine you killed someone. Do you ask a random passer by to help dispose of the body, not knowing who they are or what they might do?
“Just think about that conversation and how it would play out.
“We live in the real world and that story doesn’t hold water.”
Mr McLachlan said teachers at the defendant’s school have also given evidence saying he wasn’t motivated by money.
Returned to Coppice with rucksack
Mr McLachlan said: “Whose idea was it to take the rucksack back to the Coppice?”
He told the jury that it was the defendant and he was alone.
The prosecutor then said: “Whose idea was it to being the wheelie bin to the scene.?It was the defendant. He went to extraordinary efforts because he had done something extraordinary.”
Lindsay Birbeck murder retrial at Preston Crown Court - updates
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"You have heard from Dr Carter who talked about the injuries to Lindsay Birbeck's neck, she talked about the sort of force on the neck that was so severe it resulted in cartilege fracture and the sort of force that produced such an extensive crushing damage to an entire larynx.
"And to add insult to injury - a rough cut injury - which Dr Carter estimated was an effort to dismember with something like a saw, to the leg.
"Once she had been killed her body needed to be disposed of.
"Was there a mystery man?
"Or is the mystery man a creation of the defendant's limited imagination.
"He can't or won't help you as to who this mystery man is and the prosecution say he can't because the mystery man is him.
"Imagine you had killed someone, do you ask a random passer-by to dispose of the body without knowing what they would say or do.
"The defendant must think you were all born yesterday.
"There is no mystery male, it is the defendant.
"You heard he is not motivated by money and may do something without questioning why to do it.
"But take into account what his teacher said about doing something without question. But this is not the same.
"In the defendant's world, no really does mean no.
"He was not motivated by money and the promise of lots of money would not mean anything to him.
"And you live in the real world, and that story does not hold water.
"How would he react to a stranger? He would be shy, and wouldn't make eye contact.
"But the defendant is now able to provide details of the meeting in a prepared statement to the police.
"What does that tell you about his ability to communicate?
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
"And to add insult to injury - a rough cut injury - which Dr Carter estimated was an effort to dismember with something like a saw, to the leg.
"Once she had been killed her body needed to be disposed of.
"Was there a mystery man?
"Or is the mystery man a creation of the defendant's limited imagination.
"He can't or won't help you as to who this mystery man is and the prosecution say he can't because the mystery man is him.
"Imagine you had killed someone, do you ask a random passer-by to dispose of the body without knowing what they would say or do.
"The defendant must think you were all born yesterday.
"There is no mystery male, it is the defendant.
"You heard he is not motivated by money and may do something without questioning why to do it.
"But take into account what his teacher said about doing something without question. But this is not the same.
"In the defendant's world, no really does mean no.
"He was not motivated by money and the promise of lots of money would not mean anything to him.
"And you live in the real world, and that story does not hold water.
"How would he react to a stranger? He would be shy, and wouldn't make eye contact.
"But the defendant is now able to provide details of the meeting in a prepared statement to the police.
"What does that tell you about his ability to communicate?
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
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"Think about the blue wheelie bin and who it belonged to.
"We say it is the defendant and he is going to extraordinary lengths to conceal what he had done.
"Think about Mr Dewhurst and what he said - he saw a man pulling a wheelie bin and it seemed empty.
"Think about the defendant going to the coppice later that night.
"He spent a long time there, and when he came back down he no longer had the wheelie bin.
"Think about the mystery man.
"Would the coppice killer stop a random person and ask him to get rid of a body?
Think about the blue wheelie bin in the cemetery.
"What is the significance?
"On August 16, when things might have died down, the defendant re-appeared.
"Did he think the coast was clear.
"Think about what he did. He went on a dry run for what he was about to do the next day.
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
"We say it is the defendant and he is going to extraordinary lengths to conceal what he had done.
"Think about Mr Dewhurst and what he said - he saw a man pulling a wheelie bin and it seemed empty.
"Think about the defendant going to the coppice later that night.
"He spent a long time there, and when he came back down he no longer had the wheelie bin.
"Think about the mystery man.
"Would the coppice killer stop a random person and ask him to get rid of a body?
Think about the blue wheelie bin in the cemetery.
"What is the significance?
"On August 16, when things might have died down, the defendant re-appeared.
"Did he think the coast was clear.
"Think about what he did. He went on a dry run for what he was about to do the next day.
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
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'Dry run'
Mr McLachlan is now taking the jury through events of August 16 and the defendant’s movements in the area.
He told the court that he was going to the wheelie bin where he hid Lindsay Birbeck’s body and then made the return journey.
The prosecutor said this was a ‘reccie’ for what he would do on August 17 and that he was making a ‘dry run’.
Lindsay Birbeck murder retrial at Preston Crown Court - updates
Mr McLachlan is now taking the jury through events of August 16 and the defendant’s movements in the area.
He told the court that he was going to the wheelie bin where he hid Lindsay Birbeck’s body and then made the return journey.
The prosecutor said this was a ‘reccie’ for what he would do on August 17 and that he was making a ‘dry run’.
Lindsay Birbeck murder retrial at Preston Crown Court - updates
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"He did a reccy to make sure everything was in order for what would happen the very next day.
"He had done a good job of hiding the body. It was August 17 and the body had not been discovered.
"He walked down Burnley Road on August 17 as he had done the day before.
"He turned down Burnley Road near the Whitaker's Arms, and shortly after he is on Burnley Road with a blue wheelie bin in tow.
He is seen by Nick Howarth with a blue wheelie bin, and Lindsay Birbeck's body is in the wheelie bin.
"Mr Greenwood also sees him with the wheelie bin with what looked like weight inside.
"He is seen by two other witnesses in the cemetery struggling to pull the wheelie bin.
"He sits on the wheelie bin for some time, perhaps waiting for the unclear.
"He stays in the cemetery for some time.
"And all this for a mystery man?
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
"He had done a good job of hiding the body. It was August 17 and the body had not been discovered.
"He walked down Burnley Road on August 17 as he had done the day before.
"He turned down Burnley Road near the Whitaker's Arms, and shortly after he is on Burnley Road with a blue wheelie bin in tow.
He is seen by Nick Howarth with a blue wheelie bin, and Lindsay Birbeck's body is in the wheelie bin.
"Mr Greenwood also sees him with the wheelie bin with what looked like weight inside.
"He is seen by two other witnesses in the cemetery struggling to pull the wheelie bin.
"He sits on the wheelie bin for some time, perhaps waiting for the unclear.
"He stays in the cemetery for some time.
"And all this for a mystery man?
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
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This could either way
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Defendant with blue wheelie bin
The jury is now being told about witnesses who saw the defendant pulling a ‘heavy’ blue wheelie bin on August 17.
One said he was ‘really struggling to push’ the bin inside of Accrington Cemetery and at one point sat on top of it.
Mr McLachlan said he then moved the bin to the ‘body deposition site’ and then stayed there for over an hour because he needed to bury her body.
'When was he going to pick the money up from the mystery man?'
Mr McLachlan told the jury: “When was he going to pick the money up from the mystery man. When was he going to collect? Why would he collect if he had no interest in money?
“Instead he was applying himself diligently to the burial of her body.”
Lindsay Birbeck murder retrial at Preston Crown Court - updates
The jury is now being told about witnesses who saw the defendant pulling a ‘heavy’ blue wheelie bin on August 17.
One said he was ‘really struggling to push’ the bin inside of Accrington Cemetery and at one point sat on top of it.
Mr McLachlan said he then moved the bin to the ‘body deposition site’ and then stayed there for over an hour because he needed to bury her body.
'When was he going to pick the money up from the mystery man?'
Mr McLachlan told the jury: “When was he going to pick the money up from the mystery man. When was he going to collect? Why would he collect if he had no interest in money?
“Instead he was applying himself diligently to the burial of her body.”
Lindsay Birbeck murder retrial at Preston Crown Court - updates
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On Monday August 19 he is back in the cemetery and his attentions focused on Accrington Cemetery and not the Coppice.
"And what about the point in the statement? What about the money?
"We don't see him heading back over to the Coppice for the money.
"When was he going to collect this money from the mystery man?
"Why would he need the money if he had no interest in money.
On August 20 he was back at the cemetery.
"Why all the effort?
"We say the reason is simple. He is trying to get away with it.
"Others saw the wheelie bin, but again, not Lindsay Birbeck.
"Nobody knew the connection at that time, except him.
"Think about this, he had done such a good job of hiding the body that even PC Cuthbertson and police dog Danny - who is trained to find blood, semen, flesh and bone, didn't discover the body.
"And people kept coming and going, and the blue wheelie bin being spotted there, but the body not discovered.
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
"And what about the point in the statement? What about the money?
"We don't see him heading back over to the Coppice for the money.
"When was he going to collect this money from the mystery man?
"Why would he need the money if he had no interest in money.
On August 20 he was back at the cemetery.
"Why all the effort?
"We say the reason is simple. He is trying to get away with it.
"Others saw the wheelie bin, but again, not Lindsay Birbeck.
"Nobody knew the connection at that time, except him.
"Think about this, he had done such a good job of hiding the body that even PC Cuthbertson and police dog Danny - who is trained to find blood, semen, flesh and bone, didn't discover the body.
"And people kept coming and going, and the blue wheelie bin being spotted there, but the body not discovered.
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
Jartykarate
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Prosecution summing up well with the evidence they have.
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Such a good job hiding the body'
Mr McLachlan said the defendant “had done such a good job” hiding Linsday’s body that when police instructed PC John Cutherbertson and his dog Danny to search the area they didn’t discover or recover a body.
Not all about the money, all about him'
Mr McLachlan said: “Had the defendant told anybody what he had been doing between August 12 and August 24?
“It wasn’t all about the money, it was all about him.”
Lindsay Birbeck murder retrial at Preston Crown Court - updates
Mr McLachlan said the defendant “had done such a good job” hiding Linsday’s body that when police instructed PC John Cutherbertson and his dog Danny to search the area they didn’t discover or recover a body.
Not all about the money, all about him'
Mr McLachlan said: “Had the defendant told anybody what he had been doing between August 12 and August 24?
“It wasn’t all about the money, it was all about him.”
Lindsay Birbeck murder retrial at Preston Crown Court - updates
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He is then seen on August 24.
"But no movements to the coppice to get the money.
"Had the defendant told anyone about what he was doing between August 12 and 24?
"It wasn't about the money, it was all about him.
"And later, Morgan Parkinson and his dog went to the cemetery, and his dog did what police dog Danny could not do.
"And you know the rest of it.
"On the face of it this is a random attack on a stranger who was out for a walk.
"He went above and beyond the instruction of a mystery man to get rid of a body
"This is more than just getting rid of a body, this is trying to frustrate the police investigation.
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
"But no movements to the coppice to get the money.
"Had the defendant told anyone about what he was doing between August 12 and 24?
"It wasn't about the money, it was all about him.
"And later, Morgan Parkinson and his dog went to the cemetery, and his dog did what police dog Danny could not do.
"And you know the rest of it.
"On the face of it this is a random attack on a stranger who was out for a walk.
"He went above and beyond the instruction of a mystery man to get rid of a body
"This is more than just getting rid of a body, this is trying to frustrate the police investigation.
Lindsay Birbeck murder retrial - teenager will NOT give evidence as case against him concludes
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Burial 'aimed to frustrate police investigation
Mr McLachlan said: “The burial represents a significant piece of work that went above and beyond any instruction of a mystery man to get rid of body.
“This was not simply about burying the body but was aimed at frustrating the police investigation.
“She was naked. Whatever happened to her clothes?
Mr McLachlan said: “The burial represents a significant piece of work that went above and beyond any instruction of a mystery man to get rid of body.
“This was not simply about burying the body but was aimed at frustrating the police investigation.
“She was naked. Whatever happened to her clothes?
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And when her body was found, it was wrapped in plastic sheeting, which matched sheeting found at the defendant's home address.
"And Lindsay Birbeck was naked. Whatever happend to her clothes?
"The prosecution say that the plastic sheeting was brought to the coppice and to the burial site itself.
And then there were the gloves and the yellow saw.
"This was more than getting rid of her body, it was part of detailed preparation.
"He showed no respect to the body of Mrs Birbeck as he attmepted to cut through her body with a saw.
"And Lindsay Birbeck was naked. Whatever happend to her clothes?
"The prosecution say that the plastic sheeting was brought to the coppice and to the burial site itself.
And then there were the gloves and the yellow saw.
"This was more than getting rid of her body, it was part of detailed preparation.
"He showed no respect to the body of Mrs Birbeck as he attmepted to cut through her body with a saw.
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Showed no respect'
Mr McLachlan said: “This was more than getting rid of the body, it was part of detailed preparation
“For some reason the defendant cut the Sketchers up and put them in blue plastic bag.
“Fortunately they were recovered at a skip at another council location.
“And then there were the gloves and the yellow saw. He showed no respect to the body of Mrs Birbeck .He attempted to cut through her leg with a saw.
Mr McLachlan said: “This was more than getting rid of the body, it was part of detailed preparation
“For some reason the defendant cut the Sketchers up and put them in blue plastic bag.
“Fortunately they were recovered at a skip at another council location.
“And then there were the gloves and the yellow saw. He showed no respect to the body of Mrs Birbeck .He attempted to cut through her leg with a saw.
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And then there was the bin.
"It was seemingly clean.
"Who had cleaned it?
"And then there was a CCTV still released of him pulling the bin, and it wouldn't take the police too long to catch up with him.
"He attended the police station with his family.
"On Friday 30 August he provided a prepared statement via his solicitor.
"That is a work of fiction - of someone who had killed Lindsay Birbeck
"It was seemingly clean.
"Who had cleaned it?
"And then there was a CCTV still released of him pulling the bin, and it wouldn't take the police too long to catch up with him.
"He attended the police station with his family.
"On Friday 30 August he provided a prepared statement via his solicitor.
"That is a work of fiction - of someone who had killed Lindsay Birbeck
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Prepared statement in last police interview
Mr McLachlan said the defendant provided a statement through his solicitor on his last interview at the police station on August 30, 2019.
He told the jury: “The prosecution submit that is a work of fiction. It’s complete nonsense that someone who killed Mrs Birbeck would enlist the help of a passer by to get rid of the body and thereby confess to the unlawful killing he committed.
“What if the passer by shouts for help on the Coppice? It makes no sense. The reason why it makes so no sense is because it’s what is known as nonsense.”
Mr McLachlan said the defendant provided a statement through his solicitor on his last interview at the police station on August 30, 2019.
He told the jury: “The prosecution submit that is a work of fiction. It’s complete nonsense that someone who killed Mrs Birbeck would enlist the help of a passer by to get rid of the body and thereby confess to the unlawful killing he committed.
“What if the passer by shouts for help on the Coppice? It makes no sense. The reason why it makes so no sense is because it’s what is known as nonsense.”
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"Listen to his words, at this stage, of what you know about this case.
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.
We submit that the defendant did not try to help the police as it was not in his interests
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.
We submit that the defendant did not try to help the police as it was not in his interests
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'Thwart police investigation'
Mr McLachlan told the jury that “the defendant never intended to help the police because it wasn’t in his interest” and that his actions were an attempt to “thwart” the investigation.
Defendant could have said no
Mr McLachlan said the defendant’s teachers said if he didn’t want to do something he would ‘simply say no and not want to do it’.
He told the jury: “There is a world of difference between being asked to pick up litter and being asked by a random stranger to get rid of a body.”
The prosecutor said he was not motivated by money and said it was because there was ‘no mystery man’.
Mr McLachlan told the jury that “the defendant never intended to help the police because it wasn’t in his interest” and that his actions were an attempt to “thwart” the investigation.
Defendant could have said no
Mr McLachlan said the defendant’s teachers said if he didn’t want to do something he would ‘simply say no and not want to do it’.
He told the jury: “There is a world of difference between being asked to pick up litter and being asked by a random stranger to get rid of a body.”
The prosecutor said he was not motivated by money and said it was because there was ‘no mystery man’.
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