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Ben Butler trial: teachers victimised couple, child's mother says Ben Butler trial: teachers victimised couple, child's mother says
(about 2 hours later)
The partner of a man accused of murdering his six-year-old daughter complained the couple were being victimised by teachers concerned about the girl’s absence from school, a court has heard.The partner of a man accused of murdering his six-year-old daughter complained the couple were being victimised by teachers concerned about the girl’s absence from school, a court has heard.
Jennie Gray, Ellie Butler’s mother, told the court the school took this attitude because the girl’s father had been convicted of assaulting the child when she was seven weeks old but the conviction had been overturned by the court of appeal.Jennie Gray, Ellie Butler’s mother, told the court the school took this attitude because the girl’s father had been convicted of assaulting the child when she was seven weeks old but the conviction had been overturned by the court of appeal.
Teachers from Avenue primary school in Sutton sought medical evidence to explain why Ellie had missed nine school days before returning on 14 October 2013, with marks to her head and a bruised eye. The school’s admin assistant, Jane Dray, told the Old Bailey Gray was furious and hung up when she rang asking for a doctor’s note on 24 October 2013, to explain the child’s absence. Teachers from Avenue primary school in Sutton sought medical evidence to explain why Ellie had missed nine school days before returning on 14 October 2013 with marks to her head and a bruised eye. The school’s admin assistant, Jane Dray, told the Old Bailey that when she rang asking for a doctor’s note on 24 October 2013 to explain the child’s absence, Gray was furious and hung up.
Ellie’s father, Ben Butler, 36, is on trial at the Old Bailey accused of murdering his daughter in a fit of rage when he was left alone with her and another child at the family home on 28 October 2013. He denies the charges.Ellie’s father, Ben Butler, 36, is on trial at the Old Bailey accused of murdering his daughter in a fit of rage when he was left alone with her and another child at the family home on 28 October 2013. He denies the charges.
Medical experts have said the fatal head injuries the girl suffered were similar to those sustained in a high-speed car crash. Gray denies child cruelty but has admitted to perverting the course of justice over allegations claiming she destroyed evidence and lied to police to protect Butler.Medical experts have said the fatal head injuries the girl suffered were similar to those sustained in a high-speed car crash. Gray denies child cruelty but has admitted to perverting the course of justice over allegations claiming she destroyed evidence and lied to police to protect Butler.
Jurors heard Gray accused school staff of discriminating against her and Ellie’s father because of “preconceived ideas” they had about Butler following his conviction – later quashed by the court of appeal – for assaulting Ellie when she was seven weeks old.Jurors heard Gray accused school staff of discriminating against her and Ellie’s father because of “preconceived ideas” they had about Butler following his conviction – later quashed by the court of appeal – for assaulting Ellie when she was seven weeks old.
In an “urgent” email sent to the school on 24 October 2013, Gray wrote: “[I] believe the school have preconceived ideas about us as parents and believe the actions of the school have reflected this. The doctor’s note that Ellie gave to the teacher ... was put back into her bag and the school telephoned to say they wanted the letter.”In an “urgent” email sent to the school on 24 October 2013, Gray wrote: “[I] believe the school have preconceived ideas about us as parents and believe the actions of the school have reflected this. The doctor’s note that Ellie gave to the teacher ... was put back into her bag and the school telephoned to say they wanted the letter.”
In the email Gray told the school a high court judge had described Butler’s 2007 conviction as a miscarriage of justice, saying: “We [Gray and Butler] believe we are possibly being victimised here and treated differently due to preconceived ideas.”In the email Gray told the school a high court judge had described Butler’s 2007 conviction as a miscarriage of justice, saying: “We [Gray and Butler] believe we are possibly being victimised here and treated differently due to preconceived ideas.”
Dray told the Old Bailey on Friday that Gray had called back and told her she was furious and demanded to see the headmaster. “She didn’t really want to discuss anything with me, she was just very agitated.” said Dray. Dray told the Old Bailey on Friday that Gray had called back and told her she was furious and demanded to see the headmaster. “She didn’t really want to discuss anything with me, she was just very agitated,” said Dray.
Dray added: “When teachers asked Ellie about the bruising on her forehead, the bridge of her nose and around her left eye, she said she had tripped and fallen on to the stairs when she was chasing the family’s new jack russell puppy.”Dray added: “When teachers asked Ellie about the bruising on her forehead, the bridge of her nose and around her left eye, she said she had tripped and fallen on to the stairs when she was chasing the family’s new jack russell puppy.”
Giving evidence on Thursday, Ellie’s year-one teacher, Jenny Cotterill, said her attendance had been so poor in 2012 that she was being monitored by staff. “We were quite worried about that,” said Cotterill. “We were monitoring her quite closely. Lisa [the deputy headteacher] would often ask me if Ellie was in that day. We were keeping an eye on it and we did realise it was quite an important issue that needed to be monitored.” Giving evidence on Thursday, Ellie’s year 1 teacher, Jenny Cotterill, said her attendance had been so poor in 2012 that she was being monitored by staff. “We were quite worried about that,” said Cotterill. “We were monitoring her quite closely. Lisa [the deputy headteacher] would often ask me if Ellie was in that day. We were keeping an eye on it and we did realise it was quite an important issue that needed to be monitored.”
Cotterill asked Ellie about her injuries when she saw her in the playground on 14 October 2013. She said: “I stopped her and asked her what had happened to it. Ellie said they had a new dog and she had tripped on the stairs and fell over it. She said it was really cute and then skipped off and carried on playing.”Cotterill asked Ellie about her injuries when she saw her in the playground on 14 October 2013. She said: “I stopped her and asked her what had happened to it. Ellie said they had a new dog and she had tripped on the stairs and fell over it. She said it was really cute and then skipped off and carried on playing.”
Ellie repeated the explanation to two other teachers who said she didn’t appear to be in pain in the days before her death.Ellie repeated the explanation to two other teachers who said she didn’t appear to be in pain in the days before her death.
Jurors heard Ellie seemed like a “normal, happy girl” and a school report from 22 April 2013 noted that she had: “Settled well in class, behaviour excellent, laughs and giggles a lot.” Jurors heard Ellie seemed like a “normal, happy girl” and a school report from 22 April 2013 noted that she had “settled well in class, behaviour excellent, laughs and giggles a lot”.
The court also heard evidence from a succession of GPs who dealt with the Butler family.
When Dr Hazel De-Bono saw Ellie with her father on 23 June, she noticed a bruise in the centre of her forehead, a minor graze and bruising across the bridge of her nose. She said that Butler told her that his daughter had tripped and fallen on the stairs at home, knocking her glasses into her face.
Dr Annabel Ilves had a telephone consultation with Gray in October in which the mother described Ellie as recovering from a “respiratory tract infection” and requesting a note for school to cover her absence from the beginning of the month.
She agreed to a letter repeating the mother’s comments. However, it did not authorise Ellie’s absence and made clear she had not been seen at the surgery.
Four days before Ellie’s death, Butler took her to see Dr Sheldon Huggins about getting her ears pinned back.
He said: “I thought it was odd because she was a young girl. It would be an operation. It would mean putting her to sleep. I thought it was a bit drastic but given he eventually told me she was being bullied, that’s why I decided to refer her.”
The trial continues.The trial continues.