Jellica Burke 'was killed during game of hide-and-seek', court told

Warning: This article contains graphic details which some readers may find upsetting

A schoolgirl has told a murder trial that a toddler was killed during a game of hide-and-seek in a house in Dundee.

Andrew Innes, 52, admits killing Bennylyn Burke and her two-year-old daughter Jellica but denies murder, claiming diminished responsibility.

The court was closed to the public while a video of the child's evidence was played to jurors.

The schoolgirl said she had taken part in the game of hide-and-seek with Jellica Burke and Innes in his house.

She said she had tried to look for Jellica in the bathroom, but Innes had closed the door, hitting her on the face.

"Andrew pretended that Jellica was hiding because he played hide and seek, but he actually killed Jellica," she said.

During the interview, speaking about the deaths of Bennylyn and Jellica, the schoolgirl said: "I tried to save them but I couldn't because I didn't know what was happening."

She also said that Innes had stopped her from leaving his property.

The child added: "Andrew put a rope on the door and attached it to the other door and I couldn't open it.

"Andrew would open it when he came back.

"I told him: 'I want to go with you' because that was my chance to get out."

The trial also heard from forensic scientist Barry Mitchell that blood from Bennylyn Burke was found on the handle of a hammer in Innes' kitchen.

Jurors heard that DNA from both Innes and Jellica Burke was found on a condom recovered from a bin in Innes' home.

On Wednesday afternoon, Det Con Paul Hardie told the court that Innes had been taken to Downfield Police Station in Dundee after being cautioned on 5 March 2021.

The police officer said he had asked Innes how long Bennylyn had been under the floor. 

He replied: "It was about Monday or Tuesday. It took me a while to get through the concrete."

Innes was asked where Jellica was, and he replied: "Under the floor with the mum, the child was screaming."

Det Con Hardie said Innes became upset and started crying.

Innes then said: "There was a fight and I fought back and she's now dead.

"It wasn't premeditated - she came at me with a sushi knife.

"I never touched the girl."

Innes denies murdering Bennylyn and Jellica, sexually assaulting Jellica and raping another child.

He also denies attempting to defeat the ends of justice.

The trial, before Lord Beckett at the High Court in Edinburgh, continues.