Andrew Innes: Doctor says ‘no clear evidence’ to support double murder accused’s diminished responsibility defence
A doctor has told a murder trial there is “no clear evidence” to support a man’s defence that he was suffering from a mental disorder at the time he killed a woman and her two-year-old daughter.
Andrew Innes, 52, has admitted killing Bennylyn Burke, 25, and toddler Jellica and burying them under his kitchen floor but has denied murder by putting forward a defence of lacking criminal responsibility and diminished responsibility.
He is currently on trial for murder at the High Court in Edinburgh.
The jury had previously been told that Innes was taking steroid medication for a condition and had not slept at the time of the deaths.
Bennylyn Burke, 25, and her two-year-old daughter, Jellica
On Friday, forensic psychiatrist Dr Gordon Cowan, 36, refuted that Innes had suffered steroid-induced psychosis, telling the court that he found “no clear evidence of a mental disorder”.
Innes told jurors the previous day that he saw Ms Burke as a hybrid between his estranged wife and another former partner who dumped him by text, and that led to him launching the fatal attack.
Dr Cowan said: “It’s clear he held resentment towards his ex-partners and this lady in front of him, in some way, reminded him of these ladies and he became angry, uncontrollably angry.”
Police activity at Innes’s house in Dundee in March 2021
Dr Cowan highlighted that Innes had changed his defence a number of times.
He reportedly told one psychiatrist that Ms Burke attacked him, the court heard. On another occasion he said he heard a voice in his head, reportedly saying: “I think the other guy wanted me to get angry and asked me to kill her. I said don’t be stupid, she’s done nothing wrong.”
Read more:
Andrew Innes admits killing Bennylyn and Jellica Burke but denies murder
Toddler ‘killed during game of hide and seek’, court hears
Andrew Innes told police officer: ‘She’s under the floor’
Dr Cowan did agree it was “not impossible” to rule out steroid-induced psychosis, but it was “extremely unlikely”.
He concluded there was “no evidence” to support Innes’s diminished responsibility defence.
Speaking about Innes’s mental state, Dr Cowan said: “In my opinion, on balance, I don’t think there was evidence he was impaired.”
Andrew Innes earlier admitted that he killed Jellica two or three days after he killed her mother
A joint minute of agreed evidence between prosecutors and the defence team was read out to the jury at the start of the trial.
It was accepted that Innes stabbed Ms Burke, from Bristol, on the body with a knife, as well as repeatedly striking her on the head with a hammer and the handle of the blade.
It was also accepted that Innes asphyxiated Jellica before burying both bodies under the kitchen floor of his property.
Innes denies further charges of raping a primary school-aged child and attempting to defeat the ends of justice.
Bennylyn Burke was hit with a hammer and stabbed
All of the alleged incidents are said to have taken place at Innes’s house in Troon Avenue, Dundee, between 20 February and 5 March 2021.
The trial, before Lord Beckett, continues.
Conservative Party leader Kemi Badenoch has called on Sir Keir Starmer to sack Treasury minister Tulip Siddiq over allegations she lived in properties linked to allies of her aunt, Sheikh Hasina, the deposed prime minister of Bangladesh.
It comes after the current Bangladeshi leader, Muhammad Yunus, said London properties used by Ms Siddiq should be investigated.
He told the Sunday Times the properties should be handed back to his government if they were acquired through “plain robbery”.
Tory leader Ms Badenoch said: “It’s time for Keir Starmer to sack Tulip Siddiq.
“He appointed his personal friend as anti-corruption minister and she is accused herself of corruption.
“Now the government of Bangladesh is raising serious concerns about her links to the regime of Sheikh Hasina.”
Ms Siddiq insists she has “done nothing wrong”.
Her aunt was ousted from office in August following an uprising against her 20-year leadership and fled to India.
Ms Siddiq is also named with her aunt in Bangladesh court documents about meetings with the Russian government.
Tory leader Kemi Badenoch has called on Sir Keir to sack the minister
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As economic secretary to the Treasury, Ms Siddiq is responsible for policy on both the City and tackling corruption.
She referred herself to the prime minister’s ethics watchdog on Monday following the reports about the properties.
On the same day, the prime minister said: “Tulip Siddiq has acted entirely properly by referring herself to the independent adviser, as she’s now done, and that’s why we brought into being the new code.
“It’s to allow ministers to ask the adviser to establish the facts, and yes, I’ve got confidence in her, and that’s the process that will now be happening.”
Police in Aberdeen have widened the search area for two sisters who disappeared four days ago in the city.
Eliza and Henrietta Huszti, both 32, were last seen on CCTV on Market Street after leaving their home on Tuesday at around 2.12am.
The sisters – who are part of a set of triplets and originally from Hungary – crossed the Victoria Bridge to the Torry area and turned right on to a footpath next to the River Dee.
Eliza and Henrietta Huszti were last seen on CCTV in Market Street. Pic: Police Scotland/PA
They headed in the direction of Aberdeen Boat Club but officers said there is no evidence to suggest the missing women left the immediate area.
Specialist search teams, police dogs and a marine unit have been trying to trace the pair.
The sisters crossed Victoria Bridge before walking along a footpath next to the River Dee
The pair were heading in the direction of Aberdeen Boat Club on the south side of the River Dee
Further searches are being carried out towards the Port of Aberdeen’s South Harbour and Duthie Park.
Police Scotland said it is liaising with authorities in Hungary to support the relatives of the two sisters.
Chief Inspector Darren Bruce said: “Eliza and Henrietta’s family are understandably extremely worried about them and we are working tirelessly to find them.
“We are seriously concerned about them and have significant resources dedicated to the inquiry.”
The sisters, from Aberdeen city centre, are described as slim with long brown hair.
Henrietta Huszti. Pic: Police Scotland
Eliza Huszti. Pic: Police Scotland
Officers have requested businesses in and around the South Esplanade and Menzies Road area to review their CCTV footage for the early morning of Tuesday 7 January.
Police added they are keen to hear from anyone with dashcam footage from that time.
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