Ben Butler trial: 999 call made 'after father killed six-year-old daughter' played in court

Ben Butler is accused of killing his daugther and staging her death
David Crump/Daily Mail
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A mother accused of covering up the murder of her six-year-old daughter by her “violent” father broke down in tears as the 999 call she made was played in court.

Jennie Gray, 36, allegedly concocted a plan with partner Ben Butler to cover-up the fact he had killed their daughter Ellie after losing his temper.

Butler, also 36, a stay-at-home dad, is accused of striking her over the head at least twice, then enlisting Gray’s help to pretend she was injured falling off a stool in the bedroom.

Gray, who has admitted perverting the course of justice, broke down and sobbed in the dock as the 15-minute 999 call recording was played to the jury.

Amid the wails and screams, Gray can be heard screaming “It’s my daughter, she’s not breathing”.

Warning: This clip contains content some readers may find distressing.

The emergency call operator gives her instructions on performing CPR, at which point Butler grabs the phone and says: “I just come upstairs, my little girl has fallen down.”

The operator tells the couple to “calm down” repeatedly, but it is alleged the phone call was part of an elaborate plot to shift the blame away from Butler.

Ben Butler denies murder, while he and Jennie Gray, pictured, both deny child cruelty

It is said the young girl died on October 28, 2013 at their home in Sutton, but the couple waited two hours before calling for an ambulance.

They allegedly staged the death to pretend Ellie had fallen from a stool in her bedroom, then destroyed evidence which could possibly reveal the truth.

The court has heard Butler was “teetering on the edge of a violent loss of temper” in the weeks before the attack, and had previously been convicted of attacking Ellie when she was just six weeks old.

However, the 2007 conviction was later quashed by the Court of Appeal, and Ellie, who had been put into foster care, was returned to her parents.

Within a year of returning to the “toxic” family home, Ellie was dead, the court heard.

Medical experts who assessed Ellie’s body say she died from severe brain injuries, and had a fractured skull and injuries to the inside of her eyes that were consistent with two blows to the head with a blunt object.

The injuries have been likened to those suffered by car crash victims or someone falling off a building, and, say the prosecution, are inconsistent with a child falling off a stool.

Prosecutor Ed Brown QC said Ellie also had bruising around her neck which suggest she had been grabbed by the throat.

On the afternoon of the death, Gray rushed home by taxi from her City of London graphic designer job, but did not call 999 for an hour after returning home.

It is claimed the couple destroyed her diary and washed clothes to remove evidence of Butler’s violent nature.

Gray has pleaded guilty to perverting the course of justice but denies child cruelty. Butler denies both murder and child cruelty.

The trial continues.

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