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Ben Butler trial: daughter killed after assault conviction quashed Ben Butler trial: daughter killed after assault conviction quashed
(about 3 hours later)
A man accused of killing his six-year-old daughter had his conviction for assaulting her as a baby quashed, a court was told.A man accused of killing his six-year-old daughter had his conviction for assaulting her as a baby quashed, a court was told.
Ben Butler, 36, who is on trial for murder and child cruelty, had been found guilty of causing serious head injuries to Ellie Butler in 2007, when she was put into foster care. When his conviction was quashed in 2010, Butler and his partner Jennie Gray sought her return in the high court.Ben Butler, 36, who is on trial for murder and child cruelty, had been found guilty of causing serious head injuries to Ellie Butler in 2007, when she was put into foster care. When his conviction was quashed in 2010, Butler and his partner Jennie Gray sought her return in the high court.
In November 2012, Ellie was sent back to live at the family home in Sutton, south-west London. Less than a year later, she was found dead in her bedroom. Butler allegedly caused “catastrophic head injuries” while Gray was at work in the City in October 2013.In November 2012, Ellie was sent back to live at the family home in Sutton, south-west London. Less than a year later, she was found dead in her bedroom. Butler allegedly caused “catastrophic head injuries” while Gray was at work in the City in October 2013.
He then acted out an “elaborate” charade with the child’s mother to cover up the murder, jurors heard at the opening the trial at the Old Bailey on Tuesday. Butler is on trial for murder while both parents are accused of child cruelty. He has denied murder and has jointly denied child cruelty with Gray.He then acted out an “elaborate” charade with the child’s mother to cover up the murder, jurors heard at the opening the trial at the Old Bailey on Tuesday. Butler is on trial for murder while both parents are accused of child cruelty. He has denied murder and has jointly denied child cruelty with Gray.
Gray, a graphic designer, had left her office just yards from the Old Bailey and rushed home after Butler had called her on the day of Ellie’s death. Rather than calling emergency services, Gray, 36, helped hide the truth of what her domineering partner had done in a “carefully co-ordinated and elaborate” cover-up, jurors heard.Gray, a graphic designer, had left her office just yards from the Old Bailey and rushed home after Butler had called her on the day of Ellie’s death. Rather than calling emergency services, Gray, 36, helped hide the truth of what her domineering partner had done in a “carefully co-ordinated and elaborate” cover-up, jurors heard.
The couple allegedly only called 999 an hour after Gray’s return – two hours after Ellie was fatally hurt. In the weeks leading up to the killing, Ellie had suffered a broken shoulder, which would have been painful, but neither sought medical treatment for her, the court was told.The couple allegedly only called 999 an hour after Gray’s return – two hours after Ellie was fatally hurt. In the weeks leading up to the killing, Ellie had suffered a broken shoulder, which would have been painful, but neither sought medical treatment for her, the court was told.
Opening the trial, prosecutor Edward Brown QC said Ellie died after suffering “very significant fractures to her skull” as the result of “really significant force”. There were also underlying brain and eye injuries as well as bruises consistent with fingers gripping under the child’s jaw.Opening the trial, prosecutor Edward Brown QC said Ellie died after suffering “very significant fractures to her skull” as the result of “really significant force”. There were also underlying brain and eye injuries as well as bruises consistent with fingers gripping under the child’s jaw.
Brown told jurors of “truly disturbing” evidence about what happened in the Butler household in the weeks and months leading up to the killing.Brown told jurors of “truly disturbing” evidence about what happened in the Butler household in the weeks and months leading up to the killing.
He said: “Ben Butler was an angry and violent man with a short fuse. The makeup of the man dominated his and his family’s domestic life. The evidence will demonstrate him to be consistently teetering on the edge of a violent loss of temper. It was, say the Crown, Ben Butler’s sudden loss of temper on 28 October that caused him to inflict such devastating injuries on his daughter.”He said: “Ben Butler was an angry and violent man with a short fuse. The makeup of the man dominated his and his family’s domestic life. The evidence will demonstrate him to be consistently teetering on the edge of a violent loss of temper. It was, say the Crown, Ben Butler’s sudden loss of temper on 28 October that caused him to inflict such devastating injuries on his daughter.”
Following Ellie’s death, the court was told the defendants “screamed for help” when they called 999 at 2.46pm. Gray performed CPR and Butler said his daughter had “fallen”. Brown said that on the face of it, it was a “heart-rending call”.Following Ellie’s death, the court was told the defendants “screamed for help” when they called 999 at 2.46pm. Gray performed CPR and Butler said his daughter had “fallen”. Brown said that on the face of it, it was a “heart-rending call”.
The recorded call in which Gray screamed and shouted was played to the court. She told the operator: “My daughter is not breathing. Her colour. She’s not moving. We need you to get an ambulance.” Gray broke down in tears in the dock as the call was played.The recorded call in which Gray screamed and shouted was played to the court. She told the operator: “My daughter is not breathing. Her colour. She’s not moving. We need you to get an ambulance.” Gray broke down in tears in the dock as the call was played.
Paramedics arrived to find Ellie in her bedroom, lying on her back on the floor next to an overturned stool by her wardrobe where the parents said they found her. Brown said the “clear and intended implication” of what they each said was that Ellie had been the victim of a “tragic accident”, discovered moments before they rang 999.Paramedics arrived to find Ellie in her bedroom, lying on her back on the floor next to an overturned stool by her wardrobe where the parents said they found her. Brown said the “clear and intended implication” of what they each said was that Ellie had been the victim of a “tragic accident”, discovered moments before they rang 999.
However, the prosecutor said: “The terrible truth is that the scene was staged by the defendants. What they said in those apparently frantic moments and which they continued to claim was also staged. This was a planned, carefully co-ordinated and elaborate cover-up, designed wholly to mislead and divert attention in particular away from Ben Butler.”However, the prosecutor said: “The terrible truth is that the scene was staged by the defendants. What they said in those apparently frantic moments and which they continued to claim was also staged. This was a planned, carefully co-ordinated and elaborate cover-up, designed wholly to mislead and divert attention in particular away from Ben Butler.”
In the two hours after the killing, Butler projected an act of normality. He took his dog for a “nonchalant” walk and commented on the weather to a neighbour. Meanwhile, he tried to get rid of evidence that would show him as “violent, abusive and with a short fuse”, the court heard. Clothes were put in the wash and Butler dumped Gray’s torn-up diary in a communal bin.In the two hours after the killing, Butler projected an act of normality. He took his dog for a “nonchalant” walk and commented on the weather to a neighbour. Meanwhile, he tried to get rid of evidence that would show him as “violent, abusive and with a short fuse”, the court heard. Clothes were put in the wash and Butler dumped Gray’s torn-up diary in a communal bin.
“The dreadful reality is that both defendants put themselves before the wellbeing or dignity of that little girl with Jennie Gray seeking to protect the man, who you will hear had significant control over her, emotionally and often physically,” said Brown “In respect of Butler, this is a story of a cynical and considered deception directed by a man acting to save himself. “The dreadful reality is that both defendants put themselves before the wellbeing or dignity of that little girl with Jennie Gray seeking to protect the man, who you will hear had significant control over her, emotionally and often physically,” said Brown “In respect of Butler, this is a story of a cynical and considered deception directed by a man acting to save himself.”
When he was arrested, Butler made no comment while Gray stuck to her false account that they had found Ellie on the bedroom floor, having been alerted by another child in the house at the time, who cannot be named for legal reasons.When he was arrested, Butler made no comment while Gray stuck to her false account that they had found Ellie on the bedroom floor, having been alerted by another child in the house at the time, who cannot be named for legal reasons.
House-husband Butler was often very angry and was particularly resentful of his responsibility to look after Ellie, expressing hatred for her, the court heard. Police unravelled the relationship through text messages showing Butler’s anger and inability to cope, and letters in which Gray begged him to stop his behaviour, the court heard. She also searched the internet to find help and comfort from “magic spells”, jurors were told.House-husband Butler was often very angry and was particularly resentful of his responsibility to look after Ellie, expressing hatred for her, the court heard. Police unravelled the relationship through text messages showing Butler’s anger and inability to cope, and letters in which Gray begged him to stop his behaviour, the court heard. She also searched the internet to find help and comfort from “magic spells”, jurors were told.
The trial continues.The trial continues.