David Bagster: Woonona wheelie bin death trial begins

The trial of the man accused of causing the death of Woonona woman Valmai ‘Jane’ Birch, who was found hogtied and stuffed in a wheelie bin, began in Wollongong District Court on Monday.

The trial of the man accused of hogtying his partner and dumping her in a wheelie bin, allegedly leading to her death, began on Monday in Wollongong District Court.

David Bagster, 55, pleaded not guilty to the manslaughter of Valmai ‘Jane’ Birch, 34, whose rotting corpse was found upside down in a wheelie bin in March 2011.

Police found the bin, which was half filled with water, in her bathroom after being alerted by a neighbour of a foul odour coming from her Woods Ave, Woonona unit.

Investigations outside the unit block where Valmai Birch’s body was found on March 21, 2011.

The 14-person jury is made up of eight men and six woman, however, only 12 will be required to consider a verdict with the extra two called upon to ward against a potential Covid infection derailing proceedings.

The Crown prosecutor described the near 12-month relationship between Ms Birch and Mr Bagster as “volatile” with the use of illicit drugs a common feature of the bond.

David Bagster being arrested by police. Picture: NSW Police

The prosecutor told the jury Mr Bagster had told police they “had fun together”, that even though they did argue, they would “work things out” and he had helped maintain Ms Birch’s Woonona address by mowing the lawn, taking the bins out and scrubbing them clean.

The court also heard Ms Birch had complained about violence and being tied up to her friends, who reported to police seeing bruises on her neck and wrists.

A post-mortem examination at the time said the clear cause of death was inconclusive given the state of decomposition of her body.

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.

Valmai ‘Jane’ Birch was 34 at the time of her death. Picture: Supplied

Mr Bagster’s defence barrister Scott Fraser told the jury that the relationship between his client and Ms Birch was not in dispute, however, physical violence was “very much in dispute”.

The first witness, Detective Sergeant Garran Hamilton, who was a part of the NSW Homicide Squad in 2011, was questioned by the Crown where he confirmed there was a report of physical violence against Ms Birch by Mr Bagster when they were staying at the Unanderra Hotel in August 2010.

The trial will continue on Tuesday and has been set down for three weeks.