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Ellie Butler's father claimed to be victim of miscarriage of justice, court told Ellie Butler's father claimed to be victim of miscarriage of justice, court told
(about 1 hour later)
A father claimed to be the victim of a miscarriage of justice when questioned about the death of his six-year-old daughter from a devastating head injury, a court has heard.A father claimed to be the victim of a miscarriage of justice when questioned about the death of his six-year-old daughter from a devastating head injury, a court has heard.
Ben Butler allegedly became hostile and aggressive towards officers and even told one to “fuck off” after his daughter Ellie was pronounced dead in a south London hospital on 28 October 2013, jurors at the Old Bailey in London were told on Monday.Ben Butler allegedly became hostile and aggressive towards officers and even told one to “fuck off” after his daughter Ellie was pronounced dead in a south London hospital on 28 October 2013, jurors at the Old Bailey in London were told on Monday.
The 36-year-old “stared accusingly” at an officer after he went about collecting the little girl’s pink pyjamas for evidence and examined her body for other injuries, the court heard. When police at St George’s hospital in Tooting tried to talk to Butler and his partner Jennie Gray about what happened, the couple were reluctant to do so, jurors were told.The 36-year-old “stared accusingly” at an officer after he went about collecting the little girl’s pink pyjamas for evidence and examined her body for other injuries, the court heard. When police at St George’s hospital in Tooting tried to talk to Butler and his partner Jennie Gray about what happened, the couple were reluctant to do so, jurors were told.
PC Steve Stewart said: “I discovered them both to be hostile and unwilling to speak to police until the previous matter was known where they believed there had been a miscarriage of justice.”PC Steve Stewart said: “I discovered them both to be hostile and unwilling to speak to police until the previous matter was known where they believed there had been a miscarriage of justice.”
Butler explained he was “nervous” about talking to the authorities because of his previous experience with the criminal justice system, allegedly telling officers: “Years ago Ellie had a ventouse section delivery and had a bleed on the brain at six weeks old which caused accusations. I went to court, jail, came out.Butler explained he was “nervous” about talking to the authorities because of his previous experience with the criminal justice system, allegedly telling officers: “Years ago Ellie had a ventouse section delivery and had a bleed on the brain at six weeks old which caused accusations. I went to court, jail, came out.
“They found out it was a medical problem and a miscarriage of justice. I have nothing to hide but that’s why I’m nervous. I’m currently suing the police. Everything was twisted and turned.”“They found out it was a medical problem and a miscarriage of justice. I have nothing to hide but that’s why I’m nervous. I’m currently suing the police. Everything was twisted and turned.”
According to an officer’s notes, Butler went on to say that on the day of Ellie’s death, he had given her a jam sandwich, crisps and sweats before Gray arrived home from work early. According to an officer’s notes, Butler went on to say that on the day of Ellie’s death, he had given her a jam sandwich, crisps and sweets before Gray arrived home from work early.
The next time he saw his daughter was when she was collapsed on the floor of her bedroom, the defendant allegedly said.The next time he saw his daughter was when she was collapsed on the floor of her bedroom, the defendant allegedly said.
Following his arrest, Butler was observed to quietly mutter to himself “I have done nothing wrong” as he was taken to a police station. Earlier that day, his and Gray’s behaviour was noted by medics as they tried to save Ellie’s life.Following his arrest, Butler was observed to quietly mutter to himself “I have done nothing wrong” as he was taken to a police station. Earlier that day, his and Gray’s behaviour was noted by medics as they tried to save Ellie’s life.
Ambulance technician Marcin Gmach said he saw Butler tell the other child in the house: “Ellie is asleep and they are trying to wake her up and she’s going to be OK.”Ambulance technician Marcin Gmach said he saw Butler tell the other child in the house: “Ellie is asleep and they are trying to wake her up and she’s going to be OK.”
Gray was sitting next to Ellie shouting and screaming “You are strong like mummy. You will be fine,” Gmach said.Gray was sitting next to Ellie shouting and screaming “You are strong like mummy. You will be fine,” Gmach said.
As Ellie was taken into an ambulance, Butler asked: “What am I supposed to do now?” and Gmach advised him to stay at home with the other child.As Ellie was taken into an ambulance, Butler asked: “What am I supposed to do now?” and Gmach advised him to stay at home with the other child.
But Butler replied: “There’s no way. I’m going with you,” and took the other child into the second ambulance to the hospital.But Butler replied: “There’s no way. I’m going with you,” and took the other child into the second ambulance to the hospital.
Gmach told jurors: “When I leaned over the stretcher to make sure the seatbelt was fastened I smelt a strong smell of aftershave from the father which I had not noticed in the corridor when I was standing next to him.”Gmach told jurors: “When I leaned over the stretcher to make sure the seatbelt was fastened I smelt a strong smell of aftershave from the father which I had not noticed in the corridor when I was standing next to him.”
Asked by prosecutor Ben FitzGerald if he found that strange, Gmach said: “Yes. If that were me, that would be the last thing I would be thinking about, to spray myself before I left the house.”Asked by prosecutor Ben FitzGerald if he found that strange, Gmach said: “Yes. If that were me, that would be the last thing I would be thinking about, to spray myself before I left the house.”
The witness said Butler appeared to be crying and distressed in the back of the ambulance, holding the child in his arms.The witness said Butler appeared to be crying and distressed in the back of the ambulance, holding the child in his arms.
During later searches of the couple’s home, police found a Peppa Pig: The Fire Engine DVD still in the television set in the bedroom where Ellie was found, as well as a 26cm-high pink princess child’s chair.During later searches of the couple’s home, police found a Peppa Pig: The Fire Engine DVD still in the television set in the bedroom where Ellie was found, as well as a 26cm-high pink princess child’s chair.
On top of a cupboard in the couple’s bedroom they discovered a letter, apparently written by Gray to Butler. It read: “Dear Ben, I put you first before everything. I did last week and I always will but you make me feel like you hate me and it hurts so much.”On top of a cupboard in the couple’s bedroom they discovered a letter, apparently written by Gray to Butler. It read: “Dear Ben, I put you first before everything. I did last week and I always will but you make me feel like you hate me and it hurts so much.”
Discarded in bins outside the home were ripped up pages from Gray’s diary, the court heard. Officers spent weeks piecing together hundreds of scraps.Discarded in bins outside the home were ripped up pages from Gray’s diary, the court heard. Officers spent weeks piecing together hundreds of scraps.
Butler is accused of murdering Ellie when he was left alone with her and another child at the house.Butler is accused of murdering Ellie when he was left alone with her and another child at the house.
He and Gray, 36, from Sutton, south-west London, are also charged with child cruelty towards Ellie, who sustained a broken shoulder weeks before her death.He and Gray, 36, from Sutton, south-west London, are also charged with child cruelty towards Ellie, who sustained a broken shoulder weeks before her death.
The pair deny the charges although Gray has admitted perverting the course of justice by taking part in an alleged attempt at covering up for her partner before calling 999.The pair deny the charges although Gray has admitted perverting the course of justice by taking part in an alleged attempt at covering up for her partner before calling 999.
The court has heard how in 2007 Butler was convicted of harming Ellie when she was six weeks old, but won an appeal and got her back from foster care 11 months before her death.The court has heard how in 2007 Butler was convicted of harming Ellie when she was six weeks old, but won an appeal and got her back from foster care 11 months before her death.
The trial was adjourned until Tuesday.The trial was adjourned until Tuesday.