‘I should have saved them’ – young witness tells double murder trial

Girl said she was in house when Andrew Innes killed Bennylyn Burke and her two-year-old daughter Jellica, court told

Bennylyn Burke, 25, and her two-year-old daughter, Jellica (PA Media)

A girl at the house where a woman and a toddler were killed told police she “should have saved them” but could not because she did not know what was happening.

Andrew Innes, 52, is accused of murdering Bennylyn Burke, 25, and her daughter, Jellica, two, at a property in Dundee between 20 February and 5 March 2021. Innes has admitted killing the pair but denies murdering them and has lodged a special defence of diminished responsibility.

On Tuesday, the High Court in Edinburgh was played an interview with a girl in the house at the time of alleged murders, when she told officers: “I should have saved them but I couldn’t because I didn’t know what was happening.”

In the interview, the girl said a game of hide-and-seek had started, and when asked about two-year-old Jellica’s death, she said: “I don’t know where, I just know looking in the bathroom and he shut the door on me. Andrew shut the door at me so it must be in the bathroom.”

Barry Mitchell, a forensic scientist, told the jury that tests on items in the property had revealed traces of DNA belonging to Innes on Jellica.

Mr Mitchell also told the court that traces of DNA belonging to Innes and the toddler were found on a condom found in a bin within the detached property.

Ms Burke’s body was found under the floor (PA Media)

And Mr Mitchell said that Ms Burke’s DNA was found on a 1.5 kilo lump hammer found in the property.

A post-mortem examination revealed that Ms Burke, who weighed 5st 7lb, suffered a single stab wound to her chest, as well as head injuries, with pathologists having said the combined effects of internal bleeding and the injuries to her head caused her death.

Jellica was asphyxiated by means unknown, the court was told, with a post-mortem examination revealing that there had been pressure on the girl’s mouth and neck.

The court was told Innes wrapped a rubble bag, blanket and tarpaulin around the head of Ms Burke and hid her beneath the kitchen floor.

He also put the body of the two-year-old under the floor, the jury was told.

Innes denies all charges against him and the trial, before Lord Beckett, continues.