Man jailed for life for murdering mum and two-year-old daughter and burying bodies under kitchen floor loses appeal

31 May 2023, 05:40 | Updated: 31 May 2023, 05:42

Bennylyn Burke and her two-year-old daughter Jellica
Bennylyn Burke and her two-year-old daughter Jellica. Picture: Alamy/Police Scotland

By Kit Heren

A man who was sent to prison for life for murdering a mother and her two-year-old daughter before burying their bodies underneath his kitchen floor has lost his appeal against his conviction and sentence.

Andrew Innes admitted to killing Ms Burke, 25, and her toddler, Jellica, but denied murder. He was jailed for life with a minimum term of 36 years at at the High Court in Edinburgh in February..

He was also convicted of sexually abusing the toddler and raping another child at his Dundee home between February 20 and March 5 2021.

When asked where Ms Burke was during his arrest, Innes told PC Gavin Burns "She's under the kitchen floor."

The killer claimed that medication caused him to suffer "steroid-induced psychosis" but the judge said during his trial that there was no evidence for this.

Innes has now lost his legal fight at the 'first sift' stage, with a judge ruling that "there are no arguable grounds" to challenge the original conviction and sentence.

He can still appeal to the 'second sift' stage, where his case would be considered by two or three judges.

Listen and subscribe to Unprecedented: Inside Downing Street on Global Player

Bennylyn Burke and her two-year-old daughter Jellica
Bennylyn Burke and her two-year-old daughter Jellica. Picture: Police Scotland

Bennylyn and Jellica Burke's family said after Innes' conviction that "Bennylyn was the hope and light of our family. That light has been cruelly snuffed out.

"Bennylyn had bright ideas and big dreams. She bravely left home to seek a better future in a country far away. Instead, she found the worst cruelty we could ever imagine at the hands of someone she trusted.

Read more: Parents of girl, 5, who died in fire say they have lost a 'beautiful daughter and sister'

Read more: Man arrested after crashing into Downing Street gates separately charged with making indecent images of children

"We shall be forever haunted by what happened to her in this far off place such a long way from us, her family.

"In the Philippines, poor families like ours very often have daughters and sisters who seek to fulfil their dreams for a better future abroad. Never do we imagine it will end in such terror and horror.

"We cannot drive from our minds what happened to her and what happened to Jellica, or the fear they must have felt after experiencing violence from Andrew Innes.

Andrew Innes has been found guilty of murdering a mum and her two-year-old daughter
Andrew Innes has been found guilty of murdering a mum and her two-year-old daughter. Picture: Alamy

The statement continued: "A big part of our family has been torn from us. We shall never see Bennylyn and Jellica again. We shall never know our beloved Jellica or ever see her grow up.

Read More: Up to 80 cars 'stolen' from Heathrow airport parking company as man arrested on suspicion of theft

Read More: Head of £42,000-a-year Epsom College found dead with husband and daughter described as 'wonderful' by school

"We pray for the child who suffered the cruelty of Andrew Innes. We are happy that she is being cared for and recovering from her trauma. Women and girls must be protected from predators like Andrew Innes.

""There is nothing that can restore Bennylyn and Jellica to us. But the jury's guilty verdict for murder provides some comfort to our family and friends and brings justice for Bennylyn and Jellica."

More Latest News

See more More Latest News

Harry and Meghan at the opening ceremony for the Invictus Games.

Meghan and Prince Harry cheer on Team UK at Invictus Games opening ceremony

Daisy the Labrador.

Stolen dog reunited with family after seven years

Irish boxer John Cooney.

Boxer dies from a brain bleed, from injury during championship fight

'Make Europe Great Again' Rally In Madrid

'Make Europe Great Again': Far-right European political leaders praise Trump at Madrid meeting

Kanye West.

Rapper Kanye West advertises t-shirt featuring a Nazi swastika, after 'antisemitic rampage' on X

Andrew Gwynne.

Minister sacked after posting he hoped 'pensioner who didn’t vote Labour would die' in WhatsApp group

Police officers hold back protesters trying to block the road.

Two arrested as protesters clash with police outside proposed site for new Chinese ‘mega-embassy’ in London

Duke and Duchess of Sussex.

'She's terrible': Trump takes swipe at Meghan, but will not deport Prince Harry

Freed Palestinian prisoners are greeted by a crowd as they arrive in the Gaza Strip after being released from an Israeli prison following a ceasefire agreement between Hamas and Israel in Khan Younis, southern Gaza Strip.

Emotional scenes in West Bank and Gaza as Palestinians reunited with their families after release from Israeli prisons

Elsie Dot Stancombe, Alice Dasilva Aguiar and Bebe King.

'She was grateful for life': parents of Southport stabbing victims pay tribute to their children

Israeli hostage reunited with his family.

Emotional moment Israeli hostages reunite with families after being paraded on stage by Hamas

Police officers hold back protesters trying to block the road at the rally.

Protesters clash with police as thousands rally outside proposed site for new Chinese ‘mega-embassy’ in London

The father of the Huszti sisters has said he believes his daughters were "kidnapped" and "cruelly killed"

Heartbroken father of sisters found dead in River Dee believes they were 'lured to their death'

Hollyoaks star and country singer thought to be son of British couple shot dead in French villa ‘by UK gangsters’

Hollyoaks star breaks silence over death of mum found dead in French villa with her husband

Harvey Willgoose's parents Caroline Willgoose (left) and Mark (right) holder a banner as they march to Bramall Lane in memory of their son

Hundreds gather for memorial march after 15-year-old Harvey Willgoose stabbed to death at school in Sheffield

Police tell locals to stay away from Jeremy Clarkson’s pub due to large gathering of pony and traps

Police tell locals to stay away from Jeremy Clarkson’s pub due to large gathering of pony and traps