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10-02-2006 Scotsman

Family fury as Jenkins acquitted

By Gethin Chamberlain Chief News Correspondent

SION Jenkins, the former deputy headteacher accused of murdering his foster daughter Billie-Jo, 13, left court a free man yesterday after his third trial for the alleged crime ended with the jury failing to reach a verdict.

Legal experts calculated the cost of the 48-year-old's nine-year fight to clear his name probably exceeded GBP 5 million. Some estimates placed the final bill as high as GBP 10 million. The Crown Prosecution Service later announced it would not press for a fourth trial.

Mr Jenkins, who left court with his new wife, Tina, 55, criticised police for what he called their "dreadful errors" and "willfully blind and incompetent" handling of the case. But Billie-Jo's natural family were unable to contain their anger. A woman shouted: "It's not over yet you slag" and, as Mr Jenkins sat with his wife and legal team outside Court 7 of the Old Bailey, two of the teenager's aunts - Maggie Coster and Bev Williams - ran up and rained blows upon him.

Mr Jenkins stood up and tried to shield himself with his arms, but several blows landed on his head and he was left with blood on his chin. Afterwards, Mr Jenkins looked shaken as he was consoled by his wife and supporters, who asked: "How can this happen?" The two women involved were shepherded away and left the court building chanting "Justice for Billie-Jo".

Some of the anger stems from the family's frustration that potentially damning evidence against Mr Jenkins had not been heard in court. That evidence included claims by Mr Jenkins's former wife, Lois, that he had been violent towards her and their children; a statement from his daughter Annie that he had punched her in the stomach in a fit of temper and allegations that he had seduced a 17-year-old girl with more than a passing resemblance to his foster daughter in the weeks before the killing.

The question now remains: if Mr Jenkins did not kill Billie-Jo, who did? The family were said to have been concerned about a prowler in the days before Billie-Jo was killed and, at an appeal hearing last year, evidence was heard that a man, known as Mr B, had been seen near the house at the time of the murder.

The man was said to be mentally ill and have an obsession with pushing plastic bags into his mouth and nose. A pathologist did discover part of a black bin-liner in Billie-Jo's nose and the unnamed man did not have a complete alibi, but he was ruled out of the murder inquiry after his clothes tested negative for the teenager's blood.

Yesterday, Sussex Police vowed never to close the case. Assistant Chief Constable Geoff Williams said the force would do everything it could to bring Billie-Jo's killer to justice. "We should perhaps pause and remember what this case is about," he said. "It's about Billie-Jo - a bright, lively 13-year-old girl with everything to live for who was brutally murdered on the patio of her foster parents' home, a place where she ought to have been safe.

"In these circumstances, I think the public would expect the police to do all they reasonably can to bring her killer to justice. This therefore remains an unresolved murder case. It will, as a matter of course, be subject to review which we will conduct with an open mind."

Billie-Jo was battered over the head at least ten times with an iron tent peg while painting patio doors at the family home in Hastings, East Sussex, on 15 February, 1997. Mr Jenkins told police that he found the teenager lying in a pool of blood on the patio, but he became the prime suspect after police discovered that his life was a lie, with his school job obtained using fake qualifications.

One of the fiercest legal battles in British justice followed, costing Mr Jenkins his family, his home and six and a half years of his freedom. He argued that the case against him was built on 150 blood spots on his clothing, which he said were caused by air being released from Billie-Jo's lungs as he moved her after finding her on the patio.

His first appeal was turned down in 1999 but, in 2004, a second appeal succeeded and a retrial was ordered. Last year, an Old Bailey jury failed to reach a verdict after the first retrial, which lasted three months. Yesterday, another panel of six men and six women reached a similar impasse.

Mr Jenkins, who was given bail in August 2004, had been accompanied to court each day by his wife.

Speaking outside court, he thanked her, and his family, for their support over the years. "It has taken more than nine years of struggle and faith for me to be standing here today. It has been a terrible ordeal and I find it difficult to actually take it in."

Holding his wife's hand, he added: "She has stood beside me in the most difficult of periods. She, too, knows I could not have made it without her. I am eternally grateful to her." Mr Jenkins's former wife, who gave evidence against him, and their four natural daughters, now live in Australia.

Following the attack on Mr Jenkins yesterday, the court reconvened with six members of the jury present. Nicholas Hilliard, the prosecutor, said no further retrial would be sought.

He said: "In the course of two lengthy trials, neither jury has been able to reach a verdict and we can't say they would be more likely than not to do so in a future trial. Having given very careful consideration to the case, now is the time to offer no further evidence."

 

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Copyright ©2004 Gethin Chamberlain. All rights reserved.