David Bagster: Jury unable to reach verdict in Valmai Birch wheelie bin death

A trial for a man charged with manslaughter over the gruesome death of his former girlfriend has come to a shock conclusion.

A jury has not been able to reach a verdict in the manslaughter trial of David Bagster, who is accused of killing his girlfriend after she was found hogtied, and stuffed upside down in a wheelie bin.

Mr Bagster, 52, had pleaded not guilty to manslaughter following the death of his former girlfriend Valmai Jane Birch, who was found dead in a council wheelie bin inside her Woonona unit in March 2011.

Valmi ‘Jane’ Birch was found dead in a wheelie bin inside her Woonona unit in 2011.

After an almost four-week trial, the jury was discharged following four days of deliberations, telling Judge Andrew Haesler they were unable to come to a unanimous verdict.

Judge Haesler asked the 12-person jury if it could come to an 11-1 majority verdict, however they were said there was “no prospect” of that either.

“Given the complex issues in this case I can understand that could not reach a verdict in this matter,” he said.

After the jury was discharged, Valmai’s aunt Lynn Pollard said the family was disappointed they’d have to wait for a potential second trial.

“It’s been a tough four weeks,” she said.

“We just want justice for Jane (Valmai), that’s all we want.”

David Bagster was arrested over her death in 2019. Picture: NSW Police Force

During the trial, the crown prosecutor told the jury Mr Bagster and Ms Birch met in 2010, after they were introduced by a friend. While they were in an on-and-off relationship until Ms Birch’s death, it was alleged their relationship was characterised by drug use, arguments and violence.

While Ms Birch’s body was found by police on March 22, she was last seen alive on March 9, captured on CCTV footage at Wollongong train station with Mr Bagster.

The Crown alleged Mr Bagster was seen at her unit the following day, “fiddling” with a window and knocking on the door before leaving.

David Bagster has denied he was involved in Valmai’s death. Picture: NSW Police Force

On March 21, Mr Bagster visited one of Ms Birch’s neighbours, where he said a “foul” smell coming from her unit was probably garbage, and that he was concerned about her welfare, telling the neighbour he hadn’t seen her for two or three weeks.

“The visit to the neighbour was an attempt to cast doubt away from himself,” the Crown alleged.

The smell was reported to police the following day by a neighbour, the jury heard, with police arriving to a gruesome discovery.

“Police forced entry into the unit by smashing a window,” the jury was told by the Crown.

“A fan in the lounge room and an exhaust fan in the kitchen were operating … In the bathroom they found a council wheelie bin, inside it was the body of Jane, face down.”

During the trial the jury heard a shower hose had been put in the bin, and that Ms Birch’s body was partially submerged and hogtied.

Police at the scene of Valmi Birch’s unit in 2011.

It was further alleged by the Crown Mr Bagster’s fingerprints were found under the rim of the bin, which was allegedly “consistent with him leaving those prints while manoeuvring it into shower recess”.

While the court heard a post mortem of Ms Birch’s body could not conclude the cause of Ms Birch’s death, it was the Crown case “the manner of death was not innocent misadventure or drug overdose, but the dangerous and unlawful action of Mr Bagster.”

During the trial, Bagster’s defence lawyer Scott Fraser told the court his client denied killing Ms Birch, and the allegation their relationship was characterised by violence. He also argued witnesses who gave evidence were lying about aggression witnessed toward Ms Birch by Mr Bagster because they did not like him.

As for Bagster’s fingerprints on the bin, it was the defence case he would often taken the bins out for Ms Birch and clean them- making figerprints likely.

After the jury was discharged on Thursday, the court heard the DPP would review the matter and determine whether Bagster will face retrial.

Mr Bagster will remain in custody until March 9, when a decision on retrial will be made.

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