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Aberdeen University graduate accused of double murder to stand trial next year

Bennylyn Burke, 25, and her two-year-old daughter, Jellica.
Bennylyn Burke, 25, and her two-year-old daughter, Jellica.

A Dundee app designer who allegedly murdered a mum and her two-year-old daughter and then buried them under his kitchen will stand trial early next year.

Andrew Innes, 51, is accused of killing missing woman Bennylyn Burke and toddler Jellica at his home in the city’s Troon Avenue.

Innes’ case called at a virtual preliminary hearing at the High Court in Glasgow.

Defence counsel Brian McConnachie confirmed Innes maintains his pleas of not guilty.

He said his client, an Aberdeen University graduate, had been assessed by psychiatrists and forensic psychologists.

Asking or a trial date some nine months away, he called it “a complex and unusual case.”

Mr McConnachie said a psychiatric report was called “in light of Mr Innes’ presentation and the nature of the alleged offences”.

The court was told reports suggested Innes may be a “high functioning man” with autism.

Prosecutor Alex Prentice QC said he expects to call 14 witnesses during the trial, which he said could last for eight days.

The trial was set for January 30 at the High Court in Edinburgh.

A preliminary hearing will be held on August 30.

Allegations of murder and rape

Innes is alleged to have stabbed and bludgeoned Bennylyn, 25, to death with a hammer, and asphyxiated the youngster.

He faces allegations that, between February 20 and March 5, last year, he wrapped their naked bodies in rubble bags and concealed them in concrete beneath the kitchen floor of his five-bedroom home.

Bennylyn Burke.
Bennylyn Burke.

The bodies of the mother and daughter were recovered by police in March, about a month after they were reported missing from their home in Bristol.

Innes is further accused of pretending to police investigating the Burkes’ disappearance  he had driven them to the Old Inns Cafe in Cumbernauld.

It is alleged he told constables Gavin Burns and Rhianne Brogan he left them at the café in the company of an unknown man and had no further contact with them.

Innes, listed on court papers as a prisoner at HMP Perth, is accused of planning to flee his Troon Avenue home.

It is claimed he did this to conceal his alleged crimes and attempt to defeat the ends of justice.

Prosecutors also allege that between February 20 and March 5, he abducted a young child by tying rope to door handles, preventing them from opening, and detained her against her will.

He is further accused of sexually assaulting and raping the girl on various occasions during the same two-week period.

The child cannot be identified for legal reasons.

Legal aid rejected

At an earlier court hearing, Mr Prentice said Innes’ application for legal aid had been rejected because of his assets.

Alex Prentice QC

An appeal against the decision confirmed the rejection, he said.

The court-appointed Innes a solicitor, Edinburgh-based Stephen Knowles.

Tribute to ‘caring and positive’ woman

Bennylyn’s sister Shella Aquino said her sibling left her home in the Philippines for the UK in 2019, in search of a better life.

“It is like my heart has been torn by the pain,” she said in tribute after she died.

Neighbours also paid their respects to Bennylyn, describing her as a “caring and positive person” who made friends with locals and became a key part of the community.

She had lived in Quezon City in the Philippines before moving to the Bristol area.

Dozens of friends held a vigil in Bennylyn’s honour at the city’s Brandon Hill, where she used to enjoy picnics. The gathering said prayers for the family and shared memories.