Blood mist theory in Jenkins case

Microscopic blood spots were found on Jenkins' fleece

A blockage in a girl's larynx may have caused tiny blood spots on the clothes of her foster father who was jailed for her murder, the appeal court heard.

The fresh evidence was heard at Sion Jenkins' appeal against his 1998 conviction for murdering Billie-Jo at their home in Hastings, East Sussex.

Blood found on Jenkins' fleece helped convince the trial jury he was guilty.

But the appeal heard the spots may have been caused as Billie-Jo took her last breaths and Jenkins went to her aid.

'Entirely credible'

The prosecution had claimed the microscopic blood spots were caused when Jenkins' carried out a frenzied attack.

Evidence of a blockage in Billie-Jo's upper airway was rejected at Jenkins' first appeal against his conviction.

On Wednesday Dr Ian Hill, the pathologist who performed the post mortem examination on Billie-Jo gave evidence at the second appeal.

Jenkins' defence counsel Claire Montgomery QC put it to Dr Hill that although there was evidence of other obstructions in Billie-Jo's lower airways there must have been another blockage higher up.

Dr Hill replied: "There was an obstruction in the larynx, yes."

Billie-Jo was beaten to death with a metal tent spike

Another expert, lung physiologist Professor David Dennison also gave evidence at the appeal.

When asked by Ms Montgomery about there being positive pressure in the girl's lungs, he said: "I believe it is entirely credible that there would be positive pressure in her lungs at the time she was dying.

"There was positive pressure at the time when Sion Jenkins was with Billie Jo's body and in the act of moving her body, however slightly, that could have been sufficient to increase the pressure internally."

But Richard Camden Pratt, for the Crown, during cross-examination asked if a much more simple theory was that Billie-Jo inhaled blood in her lower airway as she fought for her life.

Prof Dennison said he had "no problem" with this theory.

Jenkins, a former deputy head teacher at William Parker School in Hastings, was jailed for bludgeoning Billie-Jo with a tent spike in February 1997 as she painted patio doors at their home.

The hearing continues.