A DOUBLE murder accused “killed” a little girl during a game of hide-and-seek, a court has heard.
The seven-year-old told a police interviewer how Andrew Innes, 52, took two-year-old Jellica Burke’s life at his home in Troon Avenue, Dundee.
A jury sitting at the High Court in Edinburgh heard the claim during the playing of a recording of an interview the child gave to police.
The seven-year-old schoolgirl, who cannot be named for legal reasons, told the interviewer about the incident.
The jury heard the girl say: “Andrew pretended that Jellica was hiding because they were playing hide and seek but Andrew killed Jellica.
“Andrew hid. I counted. Andrew killed Jellica when we were playing hide and seek.”
When the little girl was asked where this happened in Innes’s house, she replied: “Andrew shut the door so it must have been in the bathroom where Andrew tied us all up.”
The recording was playing on the second day of proceedings against Innes, of Dundee, who denies murdering Jellica and her 25-year-old mother Bennylyn at his property in 2021.
He also denies charges of abducting the seven-year-old girl, raping her and attempting to defeat the ends of justice.
All the alleged offences are said to have taken place between February 5 2021 and March 5 2021.
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On Wednesday, the jury were played the 90 minute long recording of the little girl speaking to a police interviewer.
In the recording, which was made in May 2021, the little girl could be seen smiling and laughing and using felt tip pens to draw pictures.
At one point, during a break in the interview, the little girl could be seen hiding behind a door and jumping out in front of the interviewer causing the woman to laugh.
The little girl said that she also saw Innes “kill” Bennylyn with a hammer.
She said: “I tried to call the police. I couldn’t speak.”
During the interview, speaking about the deaths of Bennylyn and Jellica, the little girl said: “I tried to save them but I couldn’t because I didn’t know what was happening.”
She also told the police employee that Innes 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 interviewer also gave the little girl two small pieces of paper which were shaped like human bodies.
She was told by the interviewer that one of the bodies was “Andrew” and that she should use a felt tip pen to “give Andrew eyes” and “some hair”.
The little girl then described performing acts to Andrew’s body.
When asked to point to where on the paper Andrew, that she performed the act, she pointed to the genitals area.
She described this as a “job” and said she received money for performing acts on him.
The little girl also told the interviewer that Innes put handcuffs on her and placed a sock on her.
She said the handcuffs “felt terrible”.
A clerk of court read out a legal document detailing the charges on Tuesday.
Jurors heard her say that prosecutors claim that between February 20 2021 and March 5 2021, at 21 Troon Avenue Dundee, Mr Innes stabbed Bennylyn Burke on the body with a knife.
He is also said to have repeatedly struck Bennylyn on the head with the handle of the knife and that he murdered her.
The second charge states that on the same dates and at the same location, Mr Innes murdered two-year-old Jellica Burke by asphyxiating her at the same Troon Avenue address.
Crown lawyers claim that on occasion between February 20 2021 and March 5 2021, Mr Innes assaulted the other girl, who cannot be named for legal reasons. He allegedly struck her on the head with a door.
It is also alleged that on the same dates at the same address, he abducted the same girl.
He is said to have tied rope to door handles, prevented the doors from opening at 21 Troon Avenue and that he detained her “there against her will.”
Prosecutors claim that “on various occasions” between February 20 2021 and March 5 2021, he sexually assaulted the girl and raped her.
The sixth charge states that on an occasion between February 20 2021 and March 5 2021, Mr Innes “did cause” Jellica Burke to “participate in sexual activity”.
The seventh charge states that between February 20 2021 and March 5 2021, Mr Innes also attempted to “defeat the ends of justice” by doing a number of things to “avoid detection, arrest and prosecution” for murdering Bennylyn and Jellica.
Prosecutors claim that Innes wrapped a rubble bag, blanket and tarpaulin around the head and body of Bennylyn before concealing her body in concrete beneath the kitchen floor.
He is also said to have put the naked body of Jellica in rubble bags and concealed her body in concrete beneath the kitchen floor and 21 Troon Avenue, Dundee.
He is also said to have removed flooring and kitchen units from 21 Troon Avenue, Dundee and discarded the items in a skip.
He also allegedly pretended to the other girl that Bennylyn was in hospital and Jellica was in Bristol when the alleged truth was they were dead.
The Crown claim that Mr Innes also pretended to PCs Gavin Burns and Rhianne Brogan, that he had driven Bennylyn and Jellica to the Old Inns Café in Cumbernauld, North Lanarkshire.
He is also said to have told the officers that he left them there in the company of an unknown male and that he didn’t have any further contact with them.
In the charge, prosecutors say the “truth” was that he hadn’t driven to Cumbernauld and that Bennylyn and Jellica were “dead” and that he had concealed their bodies in concrete beneath the kitchen floor.
He also allegedly pretended to the two police officers that the other girl was his daughter and was called Lorna Innes.
It’s also claimed that Innes planned to flee 21 Troon Avenue, Dundee with the girl and harbour her elsewhere “against her will”.
It’s said that he did these things to “prevent the bodies of said Bennylyn Burke and Jellica Burke being discovered.”
Innes, of Dundee, has pleaded not guilty to all charges.
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The trial, before judge Lord Beckett, continues.
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