Accused was not impaired at time of double killing, says psychiatrist

A forensic psychiatrist has told a court he does not believe a mental illness drove a man to kill a mother and her two-year-old daughter.

Andrew Innes, 52, denies murdering Bennylyn and Jellica Burke, saying he was suffering from a steroid-induced psychosis.

Innes, from Dundee, admits killing Ms Burke and Jellica and burying their bodies under his kitchen floor.

He has lodged a special defence of diminished responsibility.

Dr Gordon Cowan told the High Court in Edinburgh he did not believe Innes was impaired at the time of the killings.

He said he had met Innes several times and prepared a report for the Crown about his condition.

His report stated: "There is no evidence to support a finding of diminished responsibility if he was to be found to have committed the offences."

Speaking about Innes' mental state, Dr Cowan said: "In my opinion, on balance, I don't think there was evidence he was impaired."

He said he had come to the view that there were "no reasonable grounds for believing" that Innes had a mental disorder which would require hospital treatment.

The trial has heard that in the days before the killings, Innes had repeatedly taken higher than recommended doses of his steroid medication.

Defence advocate Brian McConnachie KC asked about steroid-induced psychosis.

Dr Cowan said there had been logic in the accused's thought process, and said: "I don't necessarily think it's indicative of somebody who is psychotic."

Mr McConnachie asked Dr Cowan if someone who was psychotic could stick to their normal routines in a way that no-one would notice they were unwell.

He replied: "If someone is so floridly psychotic that they were exhibiting hallucinations and delusions and that they were acting so erratically and disordered that they were killing people, then no - they would not be going around doing their day-to-day business without anybody noticing.

"It does not fit in with the account of florid psychosis. It does not fit in with the crime."

Dr Cowan said Innes had initially told him that he acted in self-defence, then spoke of an "internal monologue" which advised him to hurt Bennylyn.

"It's really difficult to know for sure the symptoms, if any, Mr Innes has at this time," he said.

"It's clear that he held resentment towards his ex-partners and the lady in front of him reminded of these ladies, and he became uncontrollably angry at her."

The court has previously heard that 25-year-old Bennylyn had met Innes online on a dating site.

He took Bennylyn and Jellica to his home in Dundee in February 2021 after driving to meet them in Bristol, where they lived.

He denies murdering Bennylyn and Jellica, sexually assaulting Jellica and raping another child in February or March 2021.

Innes also denies attempting to defeat the ends of justice.

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