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Troon Avenue murderer’s crimes ‘among the worst to come before the High Court’, says judge

Andrew Innes will spend the rest of his life in prison.
Andrew Innes will spend the rest of his life in prison.

Andrew Innes’ calculated killings were “among the worst crimes which have come before the High Court of Justiciary” a judge said as he jailed the double murderer and rapist for life.

The 52-year-old video game designer was told he must serve at least 36 years in prison.

Lord Judge Beckett presided over a week of gruelling evidence before Innes was convicted of murdering Bennlyn Burke, a woman he met on an online dating site, and her two-year-old daughter at his home in Troon Avenue in February 2021.

He was further found guilty of raping and repeatedly sexually abusing another child and other crimes.

The court heard the primary-age child who was rescued from Innes’ home by police, now does not trust men, is scared of blood and “when in a room, she always looks for an escape route”.

Bennylyn Burke and her daughter Jellica. Image: Supplied by Police Scotland.

Sentencing statement

Lord Beckett told Innes: “You murdered an innocent woman and her two-year-old daughter in a situation where they had trusted you.

“They had travelled with you from Bristol to your home in Dundee.

“You murdered the physically small and defenceless Bennylyn Burke by stabbing her with a long-bladed knife – or Samurai sword as you described it – which penetrated deeply and in the presence of at least one of the children, sought to ensure that she died by striking her repeatedly on the head with a hammer.”

He said: “For no apparent reason other than she was crying, you murdered a child of two by smothering and strangling her.

“Her age and vulnerability are significantly aggravating features.

“These are among the worst crimes which have come before the High Court of Justiciary.”

Sympathy for family

The judge said he was “deeply moved” by statements from the victims’ families.

“Bennylyn Burke’s elderly father in the Phillipines explains the grievous impact on him and his wider family brought about by your actions.

“His health, lifestyle and wellbeing have been seriously disrupted by the consequences.

“He cannot work and suffers the loss of his beloved and irreplaceable daughter and granddaughter.”

Ben Aquino, Bennylyn Burke’s father, outside Edinburgh High Court. Image: Andrew Milligan/PA Wire.

Mrs Burke’s sister had suffered “overwhelming shock and grief”.

“She has suffered considerable physical, mental and emotional difficulties as a result of what you did,” the judge told Innes.

“She cannot sleep and cannot work.”

Bennylyn’s sister Shella Aquino. Image: Andrew Milligan/PA Wire.

Lord Beckett said Jellica’s father Lexington Burke was left “in a state of anger and agonising disbelief that anyone could be so cruel as to kill her mother in front of Jellica.”

Lexington Burke. Image: Kenny Smith/DC Thomson.

Innes, who showed no emotion as he was sentenced was also placed on the Sex Offenders Register indefinitely.

The jury, which had taken two-and-a half-hours to deliberate, was excused jury duty for the rest of their lives and offered counselling.

Family’s ‘light and hope’

The family of Bennylyn and Jellica released a statement through the Crown office in the aftermath of the jury’s verdict.

They stated: “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.

Bennylyn Burke.

“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.”

Verdict is ‘some comfort’

They continued: “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.

“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.

“We pray for the child who suffered the cruelty of Andrew Innes.

Bennylyn and Jellica Burke.

“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.”

‘Everyone in prosecution has been affected’

David Green, Scotland’s Procurator Fiscal for Homicide and Major Crime welcomed the verdict and offered “thoughts and sympathies” to the family.

“Thanks to the keen instincts of two police officers, Innes’ horrific crimes were discovered.

“The prosecution was able to put forward a strong case following diligent police work and forensic investigation.

“Innes’ crimes are truly appalling and beyond any understanding.

“Everyone involved in this prosecution has been affected.”

DCI Graham Smith of Police Scotland outside the High Court. Image: Kenny Smith/ DC Thomson.

Speaking outside court, Detective Chief Inspector Graham Smith said: “The murders of Bennylyn Burke and her daughter have shocked and appalled us all.

“This was an extremely harrowing investigation which has deeply affected everyone involved.”

DCI Smith added: “In almost 30 years of policing, the level of depravity shown by Andrew Innes is way beyond anything myself or my colleagues have witnessed before.

“Not only did he callously take the life of a young mother and innocent child, he then sought to escape justice by burying their bodies under his kitchen floor.

“He showed no regard for human life or for the suffering he has brought to his victims.”

DCI Graham Smith addresses the media: Andrew Milligan/PA Wire

He thanked Mrs Burke’s family for “the courage they have shown throughout what has been an horrific ordeal… I hope that this conviction will in some way bring them some closure.”

How the murder trial unfolded:

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