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| Ellie Butler's mother to appeal against child cruelty conviction Ellie Butler's mother to appeal against child cruelty conviction | |
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| The mother of Ellie Butler, the six-year-old murdered by her father, is appealing against her conviction for child cruelty and perverting the course of justice, the Guardian has learned. | The mother of Ellie Butler, the six-year-old murdered by her father, is appealing against her conviction for child cruelty and perverting the course of justice, the Guardian has learned. |
| Jennie Gray, 36, was convicted in June for her part in Ellie’s death alongside Ben Butler, who was jailed for a minimum of 23 years for murder and child cruelty. | Jennie Gray, 36, was convicted in June for her part in Ellie’s death alongside Ben Butler, who was jailed for a minimum of 23 years for murder and child cruelty. |
| The court of appeal has confirmed that Gray lodged a late application for permission to appeal against her conviction earlier this month. Her father Neal Gray has expressed shock and disgust at the appeal. | The court of appeal has confirmed that Gray lodged a late application for permission to appeal against her conviction earlier this month. Her father Neal Gray has expressed shock and disgust at the appeal. |
| “The news that she is appealing is really adding insult to injury,” said the 70-year-old, from Wallington in Surrey, who together with his late wife, Linda, cared for Ellie for most of her life. “What she is doing is disrespectful to Ellie’s memory. I’m angry and disgusted that she has done this.” | “The news that she is appealing is really adding insult to injury,” said the 70-year-old, from Wallington in Surrey, who together with his late wife, Linda, cared for Ellie for most of her life. “What she is doing is disrespectful to Ellie’s memory. I’m angry and disgusted that she has done this.” |
| Gray has publicly disowned his daughter for her role in Ellie’s death and refuses to refer to her by name. He previously told the Guardian he had not seen her since shortly before Ellie died. | Gray has publicly disowned his daughter for her role in Ellie’s death and refuses to refer to her by name. He previously told the Guardian he had not seen her since shortly before Ellie died. |
| “I don’t call her my daughter any more and I never want to see her again,” he said following her conviction. “I hope she gets the strongest possible sentence,” he said. | “I don’t call her my daughter any more and I never want to see her again,” he said following her conviction. “I hope she gets the strongest possible sentence,” he said. |
| During Butler and Gray’s trial the court heard that Gray ignored bruises, grip marks on Ellie’s neck and a broken shoulder inflicted shortly before she died at home in Sutton, south London, in 2013. A text message she sent to Butler that was read out in court said: “I really do want you more than anything I ever wanted, even more than my children.” | During Butler and Gray’s trial the court heard that Gray ignored bruises, grip marks on Ellie’s neck and a broken shoulder inflicted shortly before she died at home in Sutton, south London, in 2013. A text message she sent to Butler that was read out in court said: “I really do want you more than anything I ever wanted, even more than my children.” |
| Following the guilty verdict at the Old Bailey, Butler shouted: “I’ll fight for the rest of my life, unbelievable … I want to be sentenced now so I can fight in the appeal court. I will fight forever to prove this wrong. My daughter was jumping in the house. I’m 100% not guilty.” | Following the guilty verdict at the Old Bailey, Butler shouted: “I’ll fight for the rest of my life, unbelievable … I want to be sentenced now so I can fight in the appeal court. I will fight forever to prove this wrong. My daughter was jumping in the house. I’m 100% not guilty.” |
| Gray responded: “Big mistake. Spend another 10 years proving you wrong.” | Gray responded: “Big mistake. Spend another 10 years proving you wrong.” |
| Butler was convicted in 2009 for shaking Ellie as a baby, although this was later quashed on appeal. The couple then won a high court judgment to have Ellie returned to their care in 2012. | Butler was convicted in 2009 for shaking Ellie as a baby, although this was later quashed on appeal. The couple then won a high court judgment to have Ellie returned to their care in 2012. |
| Mrs Justice Hogg had sided with Butler despite objections from police, social services and Neal Gray. He said at the time that the judge would have “blood on your hands”. | Mrs Justice Hogg had sided with Butler despite objections from police, social services and Neal Gray. He said at the time that the judge would have “blood on your hands”. |
| A serious case review found Sutton Children Services felt “powerless to act” following the high court’s ruling. | A serious case review found Sutton Children Services felt “powerless to act” following the high court’s ruling. |
| Sentencing the pair at the Old Bailey in June, Mr Justice Wilkie told a sobbing Gray that she may have been “exceptionally naive and stupid” to believe Butler and take part in the cover-up. | Sentencing the pair at the Old Bailey in June, Mr Justice Wilkie told a sobbing Gray that she may have been “exceptionally naive and stupid” to believe Butler and take part in the cover-up. |
| He said: “You played your full part in the grotesque charade that was the 999 call whilst subjecting your dead daughter to the indignity of pointless CPR when you knew full well she had been dead for two hours.” | He said: “You played your full part in the grotesque charade that was the 999 call whilst subjecting your dead daughter to the indignity of pointless CPR when you knew full well she had been dead for two hours.” |
| In a joint statement written before the trial, Ellie’s grandparents said they had struggled to come to terms with the “shock and horror” of her death. | In a joint statement written before the trial, Ellie’s grandparents said they had struggled to come to terms with the “shock and horror” of her death. |
| “Ellie was a very beautiful, bubbly and intelligent little girl who always had a smile on her face and even at such a young age she was nobody’s fool. She was our life and she gave so much pleasure to us and our family too. How we all miss her,” they said. | “Ellie was a very beautiful, bubbly and intelligent little girl who always had a smile on her face and even at such a young age she was nobody’s fool. She was our life and she gave so much pleasure to us and our family too. How we all miss her,” they said. |
| Commenting on the news that Gray is appealing against her conviction, a spokesman for the judiciary said: “A single judge will now consider the application based on the papers provided. | Commenting on the news that Gray is appealing against her conviction, a spokesman for the judiciary said: “A single judge will now consider the application based on the papers provided. |
| “As it has been submitted late, the judge would need to consider whether to allow a retrospective late application and then to consider whether permission to appeal should be granted. | “As it has been submitted late, the judge would need to consider whether to allow a retrospective late application and then to consider whether permission to appeal should be granted. |
| “If the answer to both of these is ‘yes’ then a hearing would be scheduled to hear the substance of the appeal. There is a way to go before then and there isn’t any indication when a single judge might look at the application.” | “If the answer to both of these is ‘yes’ then a hearing would be scheduled to hear the substance of the appeal. There is a way to go before then and there isn’t any indication when a single judge might look at the application.” |
| Neal Gray said he was asked if he could be listed as Jennie Gray’s next of kin but refused. | Neal Gray said he was asked if he could be listed as Jennie Gray’s next of kin but refused. |
| “Neither I nor my son or my other daughter are prepared to be her next of kin,” said Gray. “We don’t want anything to do with her. It sounds harsh because my late wife gave birth to her and she’s my flesh and blood ... My focus now is on fighting for justice for young Ellie.” | “Neither I nor my son or my other daughter are prepared to be her next of kin,” said Gray. “We don’t want anything to do with her. It sounds harsh because my late wife gave birth to her and she’s my flesh and blood ... My focus now is on fighting for justice for young Ellie.” |