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Last Updated: Friday, 2 July, 2004, 18:39 GMT 19:39 UK
Jenkins' QC explains trial tactic
Billie-Jo Jenkins
Billie-Jo was beaten to death with a metal tent spike at her home
The leading defence barrister in the Sion Jenkins murder trial has said he believed calling Jenkins' daughters to the stand would have been "disastrous".

Anthony Scrivener QC told appeal judges on Friday he would have put Annie and Charlotte - now 19 and 18 - on the stand if he had thought it helpful.

Jenkins, 45, from Hastings, Sussex, was jailed in 1998 for the murder of his foster daughter Billie-Jo Jenkins.

Mr Scrivener said he had believed the sisters were hostile towards Jenkins.

I did not know what they were going to say... If they were going to say what was in the memoranda, he might as well plead guilty
Anthony Scrivener QC

He was giving evidence in the renewed appeal by Sion Jenkins, whose defence claims Jenkins' ex-wife Lois Jenkins gave misleading information to the police because she believed he was guilty, and was concerned about the welfare of their four natural daughters.

Mr Scrivener said his decision was based on police memoranda of statements made by the girls' mother, which suggested the sisters had changed their original video-taped accounts, which would have helped their father.

"I did not know what they were going to say. If they were going to say what was in the original tapes, it would have been helpful to the defence," he said.

"If they were going to say what was in the memoranda, he might as well plead guilty."

Sion Jenkins

Mr Scrivener said his decision was not based on the opinion of a psychiatrist who believed that calling the two girls as witnesses would have been damaging to them.

"The physical or mental welfare of the children was a factor, but not a determinant," he said.

"My client was charged with murder and, if I thought they were required to assist in his defence, I would not have hesitated to call them."

'Mentally ill suspect'

The court also heard why Mr Scrivener had decided not to point the finger of blame for the murder directly at an initial suspect known as Mr X, who was said to have a mental illness.

It had been alleged that a person fitting Mr X's description had been seen in a park near the Jenkins' home at the time of the murder, but other witnesses had placed him in different locations.

Mr Scrivener said: "I pointed out to the client the dangers of trying to blame someone else because if the jury failed to believe that, they were likely to convict him...so I said the evidence has to be really good to run with that."

The appeal hearing was adjourned until Monday.




WATCH AND LISTEN
The BBC's Duncan Kennedy
"Mr Scrivener says the girls would have been good witnesses but that they appeared to change their stories"



SEE ALSO:
Daughter's tears in Jenkins case
01 Jul 04  |  Southern Counties
Evidence 'failure' in Jenkins case
01 Jul 04  |  Southern Counties
New evidence 'may clear Jenkins'
04 Mar 04  |  Southern Counties
Foster father loses murder appeal
21 Dec 99  |  UK News



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