A police officer has told a court of the moment a man confessed to killing a woman and burying her body under his kitchen floor.
Andrew Innes, 52, denies murdering Bennylyn Burke, 25, and her two-year-old daughter, Jellica, and has instead lodged a special defence of diminished responsibility.
Innes is currently on trial for murder at the High Court in Edinburgh.
Police Scotland officers Gavin Burns, 33, and Rhianne Brogan, 29, were called to give evidence for the Crown on Tuesday.
The PCs told the court they were sent to Innes’ home in Troon Avenue, Dundee, on 5 March 2021 to carry out a welfare check as part of a high-risk missing persons inquiry.
Avon and Somerset Police had been looking for Ms Burke and Jellica, and believed they may have travelled north of the border in Innes’ car, which had been identified as having made a trip from Bristol to Dundee.
PC Burns told prosecution lawyer Alex Prentice KC that Innes was “a bit reluctant” when he opened the door, had claimed to have COVID and that he was shielding as he had a condition.
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Innes allegedly said: “I know Bennylyn but she’s in Glasgow.”
The officers managed to get into the house.
PC Burns said it was “in a bit of a disarray”, adding: “There was a fair bit of disturbance to the house.”
The officer claimed kitchen cabinets were off the wall, the floor was partially tiled and there was concrete showing.
Innes admitted that Ms Burke had travelled to Dundee with him. The pair had met via an online dating site.
Speaking to PC Brogan, he said he saw “dozens of WhatsApp messages from many different males” to Ms Burke.
He reportedly said: “She had a date arranged for Monday. That’s when I realised I was one of the 50 men she was speaking to.”
Innes then claimed to have ended the relationship and left Ms Burke and Jellica at the Old Inns Cafe in Cumbernauld, Lanarkshire, in the company of another man.
After again being challenged by PC Burns, Innes allegedly confessed: “I killed her, she’s under the floor. We got into a fight and I killed her.”
He then queried what the jail sentence was for murder, before adding: “It wasn’t premeditated.”
The court had earlier heard that Mrs Burke, originally from the Philippines, had lived in Bristol after marrying Lexington Burke, 65, in August 2019.
Giving evidence to the court, Mr Burke said their relationship later broke down.
Mr Burke said he was due to pick up daughter Jellica on 19 February 2021 but was unable to reach Ms Burke.
Along with phone calls and text messages, he also posted a note through Ms Burke’s door.
Mr Burke said it was then he notified the police.
He said: “My concern had reached the point of extreme concern.”
Ms Burke’s disappearance was deemed “out of character”.
A joint minute of agreed evidence between prosecutors and the defence team was read out to a jury at the start of the trial.
It was accepted that Innes stabbed Ms Burke, from Bristol, on the body with a knife as well as repeatedly striking her on the head with a hammer and the handle of the blade.
It was also accepted that Innes asphyxiated Jellica before burying both bodies under the kitchen floor of his property.
Innes is additionally accused of sexually assaulting Jellica. He denies a further charge of raping a primary school-aged child and attempting to defeat the ends of justice.
All the alleged incidents are said to have taken place at Innes’ house in Troon Avenue, Dundee, between 20 February and 5 March 2021.
The trial, before Lord Beckett, continues on Wednesday.
