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

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  • #181
That all makes sense and is quite plausible, I had forgotten some of this detail in the intervening months. Was it established where the bin came from and when? I seem to remember it was sourced from the industrial estate near the traveller site and was relatively new but I’m not sure why that stuck in my mind. I need to refresh from the previous thread posts from the original trial.

All the outbuildings u see are not on a "normal" path. There in middle of fields and not where people usually walk there dogs so your right about dogs not finding her in the bin. I think that's where she's been hidden aswell. I think he's done all the "hard" work the night she was killed. Got her in the bin ect and left her there until he's moved her in the bin.

The blue wheelie bins around Accrington are only used for recycling so are usually very clean. Also there left out in ally ways so if anyone wanted to take it they could do. So that bin could be from anywhere and he's probably seen it and thought that would be useful.
 
  • #182
Not seen it so far but wasn’t there an attempt to dismember her leg/legs?
 
  • #183
Wednesday, August 5th:
*Re-Trial Continues (Day 3) (@ 10:30am UK) – UK – Lindsay Birbeck (47) (from Huncoat; last seen ~ 2:30pm on Aug. 12, 2019 & walking towards Accrington on Burnley Road @ 4:06pm on CCTV; found Aug. 24, 2019 in the area of Accrington Cemetery on Burnley Road) - *16/now 17 year old arrested (8/27/19) on suspicion of murder & charged (8/31/19) & arraigned (8/3/20) with murder & (added on 8/3/20) with manslaughter. Plead not guilty. Remanded to custody.
Re-Trial began on 8/3/20 (should last 2 wks). Jurors: 9 women & 3 men.
Previous trial info & other court info from 6/1/20 thru 7/21/20 & retrial on 8/3/20 reference post #92 here:
Found Deceased - UK - Lindsay Birbeck, 47, Accrington, 12 Aug 2019 *Arrest* #4

8/4/20 Day 2: Before Mr. McLachlan resumes his opening there is discussion about the procedure for breaks during the day and how the hearing will work with the defendant appearing via video link. Mr. McLachlan said his prosecution opening will take around 30 minutes to conclude. Prosecutor continued with opening statements. The defendant will appear at court via video link instead of in the dock. The jury have been told that the defendant has pleaded guilty to an alternative charge of assisting an offender in the removing & disposal of Lindsay’s body. The defendant denies murdering Lindsay & a new charge of manslaughter but pleaded guilty to assisting an ‘unnamed man’ in the disposal of her body. Prosecutor David McLachlan QC said: “The prosecution doesn’t accept that plea. “The prosecution said it is the defendant who is the mystery man and he is guilty on the count of murder.” Mr. McLachlan has concluded his prosecution opening to the jury. Detective Sergeant David Bowler entered the witness box as the first prosecution witness. He told the jury that he supervised a team of detectives examining CCTV around Accrington. Jury were shown map of key locations. The jury are shown CCTV footage of Lindsay & her daughter Sarah arriving at The Mall in Blackburn on August 12 in a red Vauxhall Astra. Mr. McLachlan read a statement to the jury from Sarah Birbeck which was made on August 14 last year - before Lindsay was discovered. The jury next heard a statement from Sharon Griffiths who had been friends with Lindsay for 25 years. Mrs Justice Yip explained the legal basis for the different charges of murder & manslaughter & the distinction between the two. Home Office pathologist Dr. Naomi Carter. She carried out a post-mortem exam on Lindsay's body. She told the jury the cause of death was ‘neck injuries’. Home Office pathologist Dr Naomi Carter in the witness box & will be cross-examined by Defense barrister Mark Fenhalls QC. Prosecutor David McLachlan QC directed the jury to look at a set of ‘agreed facts’ in their bundles. These are facts which are not disputed between the prosecution & the defense. Det. Sgt. Bowler back in the witness box & showed a series of CCTV clips to the jury. Det. Sgt. Bowler said Lindsay sent a text message to her friend Sharon Griffiths at 3.09pm on August 12. The jury were told that Lindsay also exchanged text messages with her new partner Rob Chaplow. She sent him a final message at 3.41pm. The final clip is of Lindsay walking down Burnley Road at 4.06pm on August 12. Det. Sgt. Bowler said this is the last time she was captured on CCTV. Next witness Zoe Braithwaite who was walking in the Coppice around the time of Lindsay’s disappearance. And was cross-examined by Defense barrister Mark Fenhalls QC. Prosecutor Mr. McLachlan QC said he has a couple of questions. The Judge has said this is now a convenient point to adjourn the retrial. The hearing will resume at 10.30am tomorrow morning 8/5/20.
 
  • #184
The only niggling doubt I have is that there was a search of the hillock Vale area on Friday 24th, 2 of the people present were a search and rescue 1st responder and ex Army both stated that they believed one person alone could not move a body over the terrain in those fields. I think he is as guilty as sin but do wonder if at times he had help from someone.
 
  • #185
The other thing that is bothering me.. Do you think during the missing person investigation that the police either overlooked through lack of resource or discounted the 101 incident report log Zoe B made? It seems odd that they didn't follow this as viable line of enquiry following her report. Lady went missing in the same location at a similar time that a lone male who had made a another lady feel wary and vulnerable was in the area.
 
  • #186
The only niggling doubt I have is that there was a search of the hillock Vale area on Friday 24th, 2 of the people present were a search and rescue 1st responder and ex Army both stated that they believed one person alone could not move a body over the terrain in those fields. I think he is as guilty as sin but do wonder if at times he had help from someone.

We don’t know how deep into the coppice she was. She could have been pretty close to the pub.
 
  • #187
We don’t know how deep into the coppice she was. She could have been pretty close to the pub.
Yes, true, although the terrain in and out of the outbuildings was also tough. Long grass, bracken and uneven ground. I remember one of the search team fell at least twice,
 
  • #188
  • #189
Yes, true, although the terrain in and out of the outbuildings was also tough. Long grass, bracken and uneven ground. I remember one of the search team fell at least twice,

I think we can assume he was fairly fit and strong, we have statements that show him as weight lifting in the gym, and that it is normal for him to do manual outside work.
 
  • #190
  • #191
Thank you for the updates @Alyce
 
  • #192
10:51am

The first witness, Judith Bibby, has taken the stand

10:53am

Mrs Bibby and her husband had been in The Coppice on August 12.

On Monday, the prosecution told the jury that Mrs Bibby had spotted a red anorak hanging on the fence on the path side.


10:54am

Mr McLachlan is asking Mrs Bibby about her trip to The Coppice on August 12.

He is asking her how well she knows the Coppice.

She says: "I know it quite well. We go up twice a day to walk our dog, Ralph. My husband knows it better as he grew up round here.

"We go up to The Coppice around 9/9.30am and 3/3.30pm to try and avoid the school run."


10:55am

Mrs Bibby is being shown some CCTV footage showing her car heading towards The Coppice
 
  • #193
10:59am

Mr McLachlan is asking Mrs Bibby about turning into Peel Park Avenue, where they park to enter The Coppice - she says there's room for around 12 cars to park.

He asks about The Bibby's routine when walking their dog.

She says: "We usually go up the steep hill.

"I open the gate, my husband comes through with the dog, he walks up The Coppice, and we keep the dog on a lead.

"I am behind, and then we walk up The Coppice, up Cardiac Hill up to where you can see if there are any other dogs.

"We walk up to the top, and then when it turns and we can see there's no other dogs we can let the dog off the lead.

"We would would across the middle and then back to the car park and that's 99% of our routine every time."


11:02am

Mrs Bibby says: "On that day I was glancing to the left side which was quite brambly and not accessible from the path and there was what looked like a garment hanging over this side of the fence.

"I could see barbed wire on both sides.

"I could see a red garment and it was hanging towards me, so not in the field but towards me so looked like it had been hung over the fence.

"I was on the straight on Cardiac Hill and Martin was five yards ahead of me."

Mr McLachlan asks how far away the garment was from her - she says from the path, around five metres.

"It was clear as day" she said.



11:05am

Mr McLachlan asks if it was unusual to see something in the part of the field.

She says yes.

He asks if there was anything else unusual about that day and she said yes.

She tells the court: "I heard a voice. Just a voice. I must have thought it was a youngish voice as I said to Martin, 'keep going, it's only kids'.

"It was just one voice, no shouting or raised voices or anything."
 
  • #194
11:06am

Mr McLauchlan is showing Mrs Bibby a map of The Coppice.

He is pointing out where Mrs Bibby marked where she had seen the red jacket.


11:09am

Mr McLachlan asks if she heard about Lindsay Birbeck's disappearance later that day.

She said: "I heard later on that evening that Mrs Birbeck had gone missing.

"I saw CCTV footage and saw what she was wearing.

"I couldn't see the lining, but I knew the jacket was purple."

Mr McLachlan is asking if the Bibby's continued to attend The Coppice.

He asks if she saw anyone official who might have been searching the area.

She said yes and said his name was Shane and that she showed him where she saw the jacket hanging on the fence.

She then describes that she saw a police officer later and told him the same thing.


11:10am

Mark Fenhalls QC is now cross examining Mrs Bibby


11:10am

He is showing Mrs Bibby a map of The Coppice and surrounding area


11:13am

He asks about her walk up Cardiac Hill, and describes a strip of trees and brambles about four metres wide.

He asks about the distance between where she was on the path and where the jacket was located on the fence

11:12am
 
  • #195
11:14am

He asks her about a gap in the hedge: "That's where you think you saw something hanging on the fence, something red."

She replies 'yes'.


11:16am

Mr Fenalls is describing Peel Park Avenue and the layout of the surrounding paths leading up to The Coppice


11:19am

Mr Fenhalls is asking Mrs Bibby where she saw the red jacket in relation to two paths that lead up to the trig point on The Coppice


11:32am

Mrs Bibby says that the day she saw 'Shane', on August 13, there was only him on the car park and he had been searching the area all night.

Mrs Bibby also spoke with someone from the mountain rescue team on August 15.

They then took her to the police, and she spoke with Sgt Docherty

The jury has heard that the man, 'Shane', had been seen on August 13 but he was alone.

Sgt Docherty recorded how Mrs Bibby took mountain rescue, himself and a Sgt Jarrett to the location where she had seen the red jacket.

Mr Fenhalls tells Mrs Bibby that the area was searched by police and mountain rescue, but no red jacket or red garment was found there and the area was trampled by the officers.

Mr Fenhalls makes reference to the time between when Mrs Bibby first saw the jacket on August 12 and to when she showed the police the location on August 15.

He says: "Is that why in your own mind you can't be clear that it really was a jacket?"

She replies: "It was shiny and looked like a garment, it wasn't just a piece of material, it was a garment."

She tells the court she couldn't be sure it was in fact a jacket.


11:35am

Mr Fenhalls has now finished his cross-examination of Mrs Bibby, and there are no further questions from the prosecution.

She has now left the witness box.

The court will now pause for a short break before the next witness is called
 
  • #196
11:48am

DS Bowler has now taken the stand.

CCTV footage is being played in the court.

DS Bowler is explaining to the jury that the CCTV footage shows the Bibby's entering and leaving The Coppice


11:51am

DS Bowler is referring to the timeline which is part of the jury bundle.

He is explaining how at 16.30 on August 12, Sharon Griffiths sends a message to Mrs Birbeck.

He says that the message, which was sent on Whatsapp, displayed a single tick, which signified the message was sent but never delivered.

11:54am

More CCTV is now being shown to the court from August 12.

DS Bowler is explaining that at 18.19 the CCTV shows the defendant walking down Burnley Road towards Whitewell Road.

His tracksuit top is unzipped and his tracksuit bottoms appear to have wet knees.

The last CCTV footage that captured the defendant was at 14.27 on that same day.
 
  • #197
* Additonal from Lancs Live.

11:54
CCTV of defendant at 6.19pm on August 12
The jury is now being shown CCTV of the defendant at 6.19pm on August 12.

He is seen walking down the side of the Whitakers Arms and over Burnley Road before continuing in the direction of Whitewell Road.

Det Sgt Bowler said the last CCTV sighting of the defendant before this was nearly four hours earlier at 2.27pm.

The officer told the jury that his tracksuit top is now partially unzipped and he appears to have wet knees.
 
  • #198
12:02pm

The CCTV is from 18.49 on August 12 and shows the defendant emerging from the brambles at the back of Isothane and walking towards New House Road
 
  • #199
12:06
Defendant now wearing rucksack
The next CCTV clip is at 6.55pm on August 12 and shows the defendant walking back up Whitewell Road.

He is now wearing a black rucksack on his back.

Det Sgt Bowler said he goes through the side cemetery gate and emerges 36 seconds later walking towards Burnley Road.


12:08
CCTV near Whitakers Arms
Another clip played to the jury shows the defendant walking up Burnley Road and turning right immediately before he reaches the Whitakers Arms pub.


12:11
50 minutes later
The jury are now being shown CCTV of the defendant at 7.48pm - 50 minutes later - appearing from a grassed area off Burnley Road between two houses and crossing the road in the direction of the cemetery.

Det Sgt Bowler said he is still wearing a rucksack.

Another clip shows him walking out of the side cemetery gate.

12:16
Defendant pulling a wheelie bin
Det Sgt Bowler is now showing the jury CCTV of the defendant at 8.28pm - nearly 40 minutes later - still wearing the rucksack.

He is now pulling a blue wheelie bin up as he walks back up Whitewell Road and along Burnley Road.


12:20
Pulling bin along Burnley Road
CCTV shows the defendant now pulling the wheelie bin along Burnley Road on the opposite side of the road to the cemetery.

He then makes the same right turn as before near to the Whitakers Arms. He is still pulling the wheelie bin.

At one point he stops and sits on a low wall for a few moments before carrying on.

Det Sgt Bowler said the defendant continues onto a grassed area heading towards the Coppice.


12:24
2hrs 45 mins later
The next CCTV clips shown to the jury are from 11.18pm on August 12, 2019.

This is nearly 2 hours and 45 minutes after his last sighting.

Det Sgt Bowler said it is now nighttime.

The footage shows the defendant walking from the area behind Burnley Road before running across the road and entering the cemetery gate.

He is still carrying a rucksack and his hood is now down.

He no longer has the blue wheelie bin.


12:27
Tim Birbeck phone call to police
The jury are now being taken through the timeline of events on Tuesday, August 13.

They are being taken through the transcript of a phone call from Tim Birbeck to Lancashire Police at 12.11am where he reports Lindsay Birbeck missing.

He said:

Hello my ex-wife seems to have gone missing and my daughter’s just got me up and we’ve been to her house and had a look and can’t find her.

It’s not like her. Shes gone missing but nobody knows where she is.”


12:29
Lindsay Birbeck classed as 'high risk'
Det Sgt Bowler told the jury that Lancashire Constabulary commenced a missing from home investigation and Lindsay Birbeck was classed as ‘high risk’.

The search concentrated on the Coppice and included police officers, police dogs and handlers, mountain rescue, Lancashire Fire and Rescue Service and an urban search and rescue team.

Police were also tasked with finding property that Lindsay was known to have with her.

This included a purple Rab jacket, a Fitbit watch, Skechers trainers, black leggings and a white/blue pinstripe top and her house keys.
 
  • #200
12:32
Statement of community search volunteer Shane Killaway
The jury are now hearing the statement of community search volunteer Shane Killaway.

He said on the morning of August 14 he was walking on the Coppice and noticed a couple walking towards him (dog walkers Judith and Martin Bibby).

They said the previous day at 4.30pm they saw a jacket on a fence line.

Mr Killaway and Mr Bibby climbed over the fence and searched the field but couldn’t find anything.

Mr Killaway marked the area by pacing it out. It was between 183m to 187m up the footpath from the gate and 17m into the fence line.

The jury were told that he also took photographs of the marker point (a stick) and also marks it on a map.


12:37
Early lunch break
The Judge said they are ‘comfortably on track’ today so will now break early for lunch.

The jury will return at 2.15pm when more CCTV footage will be played.

We will bring you a summary of this morning’s evidence shortly.
 
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