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

[Alyce]

Am guessing they have taken a quick break

 

[Alyce]

In conclusion, members of the jury, you took an oath in this case to try the case on evidence

"You bring with you a vast amount of common sense - you live in the real world, you've knocked about a bit, you know what the score is.

"There are 12 matters which I respectfully admit will lead you in the right direction:

"1) Defendant said if he does not want to do something he will not do it.

"There is a world of difference between being asked by a teacher and being asked by a stranger to do something

"There is no mystery male, it was just him.

"2) On August 12 why did he have his hood up and hands in his pockets while wearing his tracksuit top and bottoms as he walked down Whitewell Road towards the Coppice?

3) Who was the lone male on the coppice minutes before Lindsay Birbeck was attacked? With a hood up, grey tracksuit bottoms, grey tracksuit top.

4) The mystery male would confess to a random stranger and the person who he confessed to would dispose of the body. We submit that that is implausible beyond belief.

5) Consider the efforts he went to on August 12 - it went above and beyond disposing of a body. It involved him returning to the scene with a rucksack and staying at the coppice until nightfall.

6) Consider the efforts he went to after August 12 until Saturday 24.

7) After he moved the body what was his focus on? We submit it was on Accrington Cemetery. We don't see him after August 17 going back to the coppice to check for the money. We don't see him on 18, 19, or 20 to check for the money, he is busy in the cemetery

8) Look at what he did - the police dog didn't find the body

9) Forensic awareness - he didn't have forensic awareness - cutting the sole off trainers, the gloves, the saw - he did it all alone. What about her other items of clothing? Her fitbit watch, her jacket, her phone. She is found naked. What happened to her leggings? Why did she have to be buried naked? What happened to those items?

10) He didn't say a word until confronted, until he was recognised by his teachers and his own family

11) Prepared statement provided on August 30, 18 days after Mrs Birbeck was killed

12) When you put it all togther, the combination of all that evidence, we submit on common sense it points fairly and squarely to the defendant being the killer in the case.



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

 

[Alyce]

"The prosecution case is her killer sits in the dock of this court.

"He is a young man and went to exceptional lengths to move her body and did such a good job that her body wasn't discovered until 12 days after Lindsay Birbeck went missing.

"There is no mytery man here. A killer who was 16-years-old. Acted all alone on a quiet coppice.

"Targeted Zoe Braithwaite first and then went to target Lindsay Birbeck.

"Her crime - she went for a walk before making tea for her daughter."

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

 

[Alyce]

Not interested in checking for his money
Mr McLachlan said after moving Lindsay’s body his “next focus was on Accrington Cemetery and not going to check for his money”.

He said despite ‘Herculean efforts’ of the police and the public her body was not found until 12 days later.

He said: “You don’t see that at all. He is busy in the cemetery.

“Look at what he managed to do. The public couldn’t find the body, the police dog couldn’t find the body. That is testament to how good a job he did.”

The prosecutor said he did not say anything to anybody until he was pictured on a media appeal and could be identified by his teachers..


Points fairly and squarely to him'
Mr McLachlan said: “When you put it all together, the combination of all that evidence, we submit that on any realistic common sense analysis it points fairly and squarely to him. The defendant is the killer in the case.

“He acted all alone in the quiet and lonely Coppice. He targeted Zoe Braithwaite first and then Lindsay Birbeck.

“Her crime? She had gone there before having tea with her daughter.

“He applied such significant force to her neck structures that damage beyond belief was caused.”



Lindsay Birbeck murder retrial at Preston Crown Court - updates

 

[Alyce]

16:12
Prosecution summing up concluded
Mr McLachlan has now concluded his summing up.

The Judge adjourned the case to 10.30am tomorrow and the jury have been sent home.

The defendant will appear on video link tomorrow instead of appearing in the dock.

We will bring you a full summary of everything said this afternoon shortly.

 

[sunflower22]

16:12
Prosecution summing up concluded
Mr McLachlan has now concluded his summing up.

The Judge adjourned the case to 10.30am tomorrow and the jury have been sent home.

The defendant will appear on video link tomorrow instead of appearing in the dock.

We will bring you a full summary of everything said this afternoon shortly.

What will happen tomorrow?

 

[Jartykarate]

What will happen tomorrow?

Defence and judges summing up followed by the jury being sent out to consider their verdict on the charges, depending on how long each stage takes.

 

[sunflower22]

Defence and judges summing up followed by the jury being sent out to consider their verdict on the charges, depending on how long each stage takes.

Thank you

 

[Alyce]

I think the Prosecution did an extremely good job there - very emotive in parts when he talked of Lindsay, and excellent at highlighting the inconsistencies of the defendant's character.

( not saying that I agree with his argument btw, but he did a great one )

 

[Jartykarate]

I think the Prosecution did an extremely good job there - very emotive in parts when he talked of Lindsay, and excellent at highlighting the inconsistencies of the defendant's character.

( not saying that I agree with his argument btw, but he did a great one )

Yes i agree, really does make a difference when it is all put together, rather than the piecemeal way you hear the evidence in the trial.

 

[ShamelessObserver]

IMO Guilty of murder

 

[LucyRocket]

I don't know how manslaughter can even be on the table. They have to decide does the evidence show that he most likely killed her? If yes, murder, if no, not guilty. For a charge of manslaughter to take place, you have to be sure that the victim died as a result of the defendant's actions, but those actions were not necessarily meant to cause death. Where is ANY evidence of that? They could only consider a manslaughter charge, if manslaughter was the defence. It isn't

 

[CSBR]

I don't know how manslaughter can even be on the table. They have to decide does the evidence show that he most likely killed her? If yes, murder, if no, not guilty. For a charge of manslaughter to take place, you have to be sure that the victim died as a result of the defendant's actions, but those actions were not necessarily meant to cause death. Where is ANY evidence of that? They could only consider a manslaughter charge, if manslaughter was the defence. It isn't

I agree. I wonder if is almost a sort of psychological 'trick' from the prosecution
as if to imply 'we are so confident that he killed her that here are two options based on that and work back from there' rather than purely 'did he kill her? Yes or no?'. If you see what I mean?

At the last trial I didn't feel that it was beyond reasonable doubt for me
That he Killedher (although I never believed the stranger story), but I am more convinced this time. There are still questions, but I think I would be comfortable in returning a guilty verdict now (to murder because of the force used).

Sorry, I've had a lot of problems writing this on my phone when I have tried to edit things I've already written, so I think my line formatting is not good!

 

[Whitehall 1212]

I don't know how manslaughter can even be on the table. They have to decide does the evidence show that he most likely killed her? If yes, murder, if no, not guilty. For a charge of manslaughter to take place, you have to be sure that the victim died as a result of the defendant's actions, but those actions were not necessarily meant to cause death. Where is ANY evidence of that? They could only consider a manslaughter charge, if manslaughter was the defence. It isn't

I don't agree.

The evidence is that LB died from compression of the neck, which resulted in a significant trauma to her larynx. An injury that would be caused by considerable force, such as stamping or kneeling.

My thoughts are that if the jury discount the existence of the 'mystery man', then with the evidence before them they have to conclude that the defendant caused the injury which killed LB.

Their next consideration would be did the defendant intend to kill or intend to cause serious injury to JB? The degree of force required to cause the injury will be a focus for this question in terms of intent to cause serious injury.

If the jury are not persuaded by the required intent then they must find the defendant not guilty of murder.

If the jury are not persuaded by the 'mystery man' defence then in the absence of the required intent for a murder conviction they must find him guilty of manslaughter.

Just my opinion of course.

 

[Spender]

So worst case scenario for the family not guilty of murder and manslaughter, he does time for unlawful burial and does a paltry term for this crime . It leaves the possibility of the “mystery murderer” being loose to re offend . That must be a devastating situation for them to be in . I really hope whatever the outcome it is the right one for the crime the boy has committed, hate to think he got off with it just because he has pulled a blinder by not saying anything and using his disability to cover this disgusting crime .

 

[Doris777]

Wednesday will mark one year since this happen. I think the verdict will come out then. Let's just hope it's the right one! I really feel for the family.

In all honesty today I was saying he was guilty after this morning's evidence. Now I'm unsure, I'd say he did it but couldn't be a hundred percent.

I can't believe there was no defence today either...is that normal?

 

[Roostercat]

Has it been stated anywhere if the 'unkown' Dna from the bin, gloves and trainers match?
Also thanks very much to all those that posted the updates

 

[sunflower22]

Has it been stated anywhere if the 'unkown' Dna from the bin, gloves and trainers match?
Also thanks very much to all those that posted the updates

No it hasn’t

 

[Alyce]

Wednesday will mark one year since this happen. I think the verdict will come out then. Let's just hope it's the right one! I really feel for the family.

In all honesty today I was saying he was guilty after this morning's evidence. Now I'm unsure, I'd say he did it but couldn't be a hundred percent.

I can't believe there was no defence today either...is that normal?

Not sure how I feel about that, a verdict on the very day, difficult for the family to deal with if it happens on Wednesday.

I don’t think I’ve ever followed a case before where no defence is given.

But at least it should mean a very short closing speech from him tomorrow, he can hardly choose to speak at length if he feels there is no case to answer to ( other than what his client has already admitted to ).

 

[Kaykedi]

Lindsay killed between 4.10pm and 4.20pm

Mr McLachlan said: “It is the prosecution case Lindsay Birbeck must have been killed on the Coppice sometime after 4.10pm but before 4.20pm, the estimate time of arrival of the Bibby’s.”

He told the jury Judith Bibby saw a ‘shiny red’ garment on a fence post but couldn’t say it was a jacket. She also heard a voice and ‘thought it was kids’.


Young male on the prowl'
Mr McLachlan said: “The prosecution say it was a lone male, on the Coppice, on the prowl, targeting young females.

“Who is it? The prosecution say [the defendant].

“We will never know the precise way she died”.

The jury were told that Lindsay died from neck injuries and there was ‘severe compressive force’ used causing ‘crushing damage to the entire larynx’.

The prosecutor said this could have been caused by ‘stamping or kicking’ and there was also attempt at ‘partial dismemberment’.


Mystery male is defendant'
Mr McLachlan said: “Was there a mystery man who killed her which the defendant asserts or is the mystery man a creation of the defendant’s limited imagination?

“The defendant can’t or perhaps won’t tell you with whom this mystery man really is.

“The prosecution say he can’t because there is no mystery man. It’s him.”





Lindsay Birbeck murder retrial at Preston Crown Court - updates



( that is such a narrow window of time, it is frightening )

That window of time makes absolutely no sense to me