In his opening address on Monday,Crown prosecutor Chris Todd said neighbours called police when a bad smell from the unit became “progressively worse”,and officers forced entry through a window.
He said Birch was facedown in a bin in the shower recess and “partially hog-tied” with material binding her ankle to her waist. The shower hose was in the bin and the top half of her body was submerged in water.
The Crown alleges Bagster and Birch’s relationship was “volatile”,marked by repeated aggression,verbal altercations and physical violence including him threatening and assaulting her.
At the time of her death,Birch was using multiple illicit drugs including cannabis,heroin and amphetamines and had worked as a sex worker in Port Kembla,Todd said.
Bagster met Birch through a mutual acquaintance in May 2010,and in that period to April 2011,he was using cannabis and methylamphetamine,or ice.
The couple were captured on CCTV near Wollongong train station on March 9,the last day Birch was seen alive,the prosecutor said.
A neighbour found her passed out across the road from her unit about 3pm that day and helped her inside. Bagster was seen knocking on the door that night and was seen outside the unit on March 10 and 21,the prosecutor said.