GUILTY UK - Lindsay Birbeck, 47, teaching asst, found deceased, Accrington, 12 Aug 2019 *teen arrested* #5

[SpursGyal]

11:12
Impact on defendant's family
Mr Stuart said: “The effect of revealing his name will have an effect on various members of his family.

“The publicity over the next week or two will be at its highest.”

 

[SpursGyal]

11:14
'Welfare outweighs principle of open justice in this case'
Mr Stuart said: “On revelation of his name, the welfare principle outweighs the principle of open justice in this case.”

 

[Skigh]

I thought he was in a young offenders institution which specialises in looking after offenders with special needs.
I cannot see him with his physical strength being targeted by bullies.
I expect they have a gym there and he is able to show his weight lifting abilities.

 

[SpursGyal]

11:18
Reporting restrictions on first murder trial
The Judge is now discussing with prosecutor David McLachlan QC the reporting restrictions made under the Contempt of Court Act following first murder trial earlier this year.

The press have been unable to report the ‘legal reasons’ why the jury were discharged on March 10.

 

[Alyce]

Can someone translate this part for me ? What exactly is he going to tell other inmates ?


While some inmates may have some inkling what the position is., the concern is if he is named there is a significant prospect others would find out his name and that could cause him some difficulties.

Because of his lack of verbal skills he may find it difficult to speak to them and tell them what happened but more importantly tell them to back away.

 

[SpursGyal]

11:20
'Very responsible reporting by the media'
Her Honour Mrs Justice Yip has told the court there has been ‘very responsible reporting by the media’ during the course of both trials.

 

[Rosegold68]

i'm sure the whole place where he is in custody will be aware of who he is and what he's there for......people talk....and if his name was out there anyway (which it was/is.....we all know it) visitors to other people there will be curious and ask if he's there....human nature

 

[SpursGyal]

i'm sure the whole place where he is in custody will be aware of who he is and what he's there for......people talk....and if his name was out there anyway (which it was/is.....we all know it) visitors to other people there will be curious and ask if he's there....human nature

The location of his IOY has been reported plenty, it won’t be hard for them to identify him.

 

[Mommysleuth11]

i'm sure the whole place where he is in custody will be aware of who he is and what he's there for......people talk....and if his name was out there anyway (which it was/is.....we all know it) visitors to other people there will be curious and ask if he's there....human nature

I think this is an excellent point, they say he has already faced difficulties, so others do know who he is. That word will spread so quickly.
Also I believe it has been reported for the first time this trial that he's held at HMP Wetherby, so that is now public.
It shows on this thread and other groups/forums just because its not reported doesn’t mean folk don't know. We all know plenty more about him than reported.
Its a poor argument IMO

 

[chimpface]

i'm sure the whole place where he is in custody will be aware of who he is and what he's there for......people talk....and if his name was out there anyway (which it was/is.....we all know it) visitors to other people there will be curious and ask if he's there....human nature

Exactly, they will already know. That's what prison is like.

 

[SpursGyal]

11:31
Legal arguments
The Judge and Mr Stuart have been engaged in further legal arguments over the last few minutes, the details of which we cannot report because of the reporting restrictions in the case.

 

[SpursGyal]

11:35
What the press argue
A representative of the press has told the judge: “We submit the balancing exercise should be in our favour.

“To a certain extent the identity of the defendant is already in the public domain after the release of a CCTV clip by the police.

“Our default position is that publishing names and addresses is the part of the principle of open justice.

“Issues of families fears over reprisals or public outcry over defendants could be a familiar complaint across the land whatever their age.”

 

[chimpface]

11:31
Legal arguments
The Judge and Mr Stuart have been engaged in further legal arguments over the last few minutes, the details of which we cannot report because of the reporting restrictions in the case.

Can not report legal arguments on reporting restrictions in the case because of reporting restrictions in the case.

 

[SpursGyal]

1:36
Judge retired to consider applications
The Judge has now retired to consider the reporting restriction applications in the case.

We will bring you her ruling as soon as she returns to court.

 

[chimpface]

1:36
Judge retired to consider applications
The Judge has now retired to consider the reporting restriction applications in the case.

We will bring you her ruling as soon as she returns to court.

So she's making her decision today. Wonder if we'll see him on the front page of the daily hate mail by tea time if she allows it?

 

[SpursGyal]

I think they shall all have their articles ready to publish almost instantly.

 

[Skigh]

Once he reaches 18 will restrictions automatically be lifted?

 

[SpursGyal]

11:57
Decision pending
The Judge is back in court and is about to make her ruling

 

[Alyce]

I think they shall all have their articles ready to publish almost instantly.

In the case of Aaron Campbell ( Alesha McPhail murder ) it was instant, the articles were up before you could blink.

 

[SpursGyal]

11:59
Lindsay's murder 'truly shocking event'
The judge said:” Yesterday afternoon a year to the day the defendant was convicted of her murder.

“The murder was a truly shocking event.”