A person accused of murdering a mom and her two-year-old daughter may have acted with diminished accountability, his authorized workforce claimed at present. Andrew Innes allegedly killed Bennylyn Burke, 25, and her little one Jellica Burke at a home in Troon Avenue, Dundee between February 20 and March 5, 2021.
Prosecutors declare the 51-year-old then hid the our bodies underneath the kitchen flooring of the property, with an additional accusation that he additionally raped a seven-year-old woman. A earlier listening to was informed numerous psychiatric and psychological investigations had been carried out on Innes because the earlier listening to final September.
The case referred to as at present on the Excessive Courtroom in Glasgow. The listening to was informed by Brian McConnachie that the trial choose can determine to take away the defence that Innes didn't respect the wrongfulness of his actions because of a psychological dysfunction.
The defence advocate informed the listening to: "The view is that it is best to simply successfully see how the proof unfolds... as soon as the proof is heard."
Decide Lord Beckett later requested if there was an expectation there can be a foundation for diminished accountability. Mr McConnachie replied: "Relying on how the proof comes out. On paper there could possibly be proof or there could possibly be a foundation for accountability.
The choose requested prosecutor Alex Prentice KC for his response. He stated: "The Crown say there may be not a correct foundation for it."
Lord Beckett continued the matter to trial because of start on January 30 subsequent 12 months in Edinburgh. Mr Prentice informed a listening to that he anticipated calling round 14 witnesses for a trial which may final eight days.
It's claimed Innes stabbed Bennylyn on the physique with a knife, in addition to repeatedly hanging her on the pinnacle with a hammer and the deal with of the blade. The indictment alleges Innes murdered her two-year-old daughter Jellica and that he did "asphyxiate her by means unknown".
Innes then faces a cost of trying to defeat the ends of justice. This features a declare that he did wrap the physique of Bennylyn in a rubble bag, blanket and tarpaulin after which hid the corpse in concrete underneath the kitchen flooring on the Troon Avenue property. Jellica's bare physique can be stated to have been hidden there.
The cost additionally contains a declare that Innes informed police investigating Bennylyn's whereabouts that he had pushed her, Jellica and one other little one to the Previous Inns Cafe in Cumbernauld, Lanarkshire, on February 28. He's stated to have informed the officers he left them with an "unknown male" and that he had no contact with them afterwards.
Innes additionally allegedly pretended to a younger woman that Bennylyn was in hospital and Jellica was in Bristol. Innes is individually accused of assaulting, raping and trying to rape that very same little one, as effectively detaining her in opposition to her will on the home in Dundee. That is additionally alleged to have occurred between the identical dates of the alleged murders.
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