Evidence 'failure' in Jenkins case

Jenkins was jailed for murdering his teenage foster daughter

The failure to get evidence from the children of a man accused of murdering his foster daughter had "disastrous consequences" his appeal has been told.

Sion Jenkins, a former deputy head teacher, was convicted of murdering 13-year-old Billie-Jo Jenkins in 1997.

His daughters, now 18 and 19, were with Jenkins on the day of the death but not asked to give evidence at the trial.

At the Court of Appeal his QC said a different verdict may have been reached if their evidence had been heard.

Their accounts strongly suggested the murder had been committed by an intruder who had gained access to their home by the back gate Clare Montgomery, defence QC

Clare Montgomery QC, representing Jenkins, said on Wednesday his daughters' evidence suggested an intruder murdered Billie-Jo.

The two girls - Lottie, 18 and Annie, 19 - were not called as witnesses in the original trial at the choice of Jenkins' defence team, who believed they had become hostile to their father.

Ms Montgomery said: "With the benefit of hindsight, it's clear that decision must have had disastrous consequences - as the jury must have decided that Sion Jenkins' account of what happened in the house that day was untrue and deliberately so.

"They may not have reached that conclusion if they had known that substantial chunks of it were supported by his children."

Killer's bid for freedom

Ms Montgomery added: "Indeed, their accounts strongly suggested the murder had been committed by an intruder who had gained access to their home by the back gate."

Describing police interviews with the girls carried out in 2002, she said: "Annie's interview suggests that her mother may have tried to influence Annie's evidence in a way that was adverse to the interests of Sion Jenkins".

Ms Montgomery said the girls' mother Lois would have been faced with "a terrible dilemma for a mother" when police convinced her of her husband's guilt and she felt she had to protect herself and her children.

Their mother will give evidence for the Crown in its opposition to the appeal.

Lottie has travelled from her new home in Tasmania to give defence evidence in the appeal, while her sister has recorded a video statement.

Jenkins, 46, was jailed for life at Lewes Crown Court for killing Billie-Jo with an 18-in metal tent spike as she painted a patio door in February 1997.

Blood spots were found on a fleece worn by Sion Jenkins on the day

The appeal judges will hear fresh expert evidence relating to blood spots found on Jenkins' clothes.

He claims they were transferred to him as he attended Billie-Jo after he had found her.

They will also consider evidence relating to a mentally-ill man, known in court as Mr X, who is said to have been behaving strangely in the vicinity when Billie-Jo was killed.

He was eliminated as a suspect after his clothes tested negative for Billie-Jo's blood.

At the appeal Lord Justice Rose acknowledged the "curious features" of Mr X's alleged connections to the case but said: "There really isn't any evidence against him that he committed the murder."

The hearing, before Lord Justice Rose, Mr Justice Curtis and Mr Justice Wakerley, is set to last for up to three weeks.