David Bagster: Illawarra man sentenced for killing woman found in wheelie bin

The family of Valmai ‘Jane’ Birch, whose body was found tied-up and submerged in a wheelie bin in 2011, say they now have closure after the man responsible for her death was sentenced for the horrific crime.

The stoic aunty of a woman found dead in a wheelie bin more than a decade ago has bravely spoken “in loving memory of her beautiful, loving niece” before the man responsible for her death was condemned for his actions.

David Bagster, 55, appeared in Wollongong District Court via video link on Friday where Judge Andrew Haesler sentenced him to 11 years and six months in jail for the manslaughter of 34-year-old Valmai ‘Jane’ Birch in March, 2011.

Bagster will serve a non-parole period of eight years meaning with time already served he could be eligible for release in October 2027.

Lynne Pollard, the sister of Ms Birch’s late mother, recalled her “infectious laugh” and her ”happy and contented childhood”.

Ms Birch is said to have loved children, animals and painting, but Mrs Pollard described how her “world started to fall apart” in 1991 when her mother died a day after she turned 15.

Her father became “overcome by grief” which led to her leaving home and having relationships with older men where she would become increasingly exposed to domestic violence and drug abuse.

Mrs Pollard had tried to assist her niece in gaining better physical health and access to drug rehabilitation.

Valmai ‘Jane’ Birch was found dead in a wheelie bin in Woonona in March 2011. Picture: NSW Police

Mrs Pollard explained the mother-of-two’s joy at securing her Woonona abode through the Department of Housing in 2010 as it gave her a chance to “get her life together”.

It was around this time when Ms Birch began a relationship with Bagster with Mrs Pollard telling the court “I recall it came on the TV a body had been found in a wheelie bin”.

Mrs Pollard called police with the body identified as Ms Birch’s.

“I was horrified that someone could do this to another human being, someone she loved,” Mrs Pollard said.

The sentence comes four months after a retrial where a jury unanimously found Bagster guilty of causing Ms Birch’s death.

Bagster has maintained his innocence throughout the proceedings including in a psychologist report where he is quoted saying “I’m blamed for something I never did”.

Bagster was arrested in February last year, nearly 10 years after police found the bin – which was half filled with water – in Ms Birch’s bathroom after being alerted by a neighbour of a foul odour coming from her Woods Ave, Woonona unit.

David Bagster was arrested and charged in 2019. Picture: NSW Police

A post-mortem examination at the time said the clear cause of death was inconclusive given the state of decomposition of her body which had been left to rot in the water-filled wheelie bin with one of her legs tied behind her back.

The examiner concluded it was likely positional asphyxia due to her being upside down in the bin, neck compressions, drowning or a drug overdose – or a combination of those – could have caused her death.

In court on Friday, Judge Haesler said the sentence “cannot reflect the value of Ms Birch’s life”.

“Jane Birch was a lively, vivacious woman who had problems in her life, but at the time of her death she was finding some stability,” he said.

“[She was affected by drugs at the time of her death, but] drugs didn’t cause her death, the actions of the offender did.

“His actions demeaned her in life and in death. He did not care for her, his actions resulted in her death.”

Outside the courthouse, Mrs Pollard said she was “more than happy” with the sentence while thanking the work of the police and prosecutors.

Lynne Pollard, the aunt of Valmai ‘Jane’ Birch, said she was relieved after the sentencing. Picture: Dylan Arvela

She was also grateful to have the opportunity to speak ahead of the sentencing and said it gives Ms Birch’s family closure.

“It was very good [to read the victim impact statement],” Mrs Pollard said.

“I was very pleased to be able to do it and speak for her because she can’t speak for herself.

“It’s a great feeling of relief that her family has finally got justice. It’s just wonderful that he’s got a reasonable sentence.

“She will never see [her children] grow up. She will never see her grandchildren and it’s sad for them and it’s sad for the whole family.

Bagster’s full term comes to an end in March, 2031.