Ben Butler murder trial hears six-year-old’s catastrophic head injuries may have been the result of her copying TV’s Peppa Pig
The dad's defence lawyer claims the cartoon character's 'jumping' may be to blame for the six-year-old's tragic death
A DAD who allegedly murdered his six-year-old daughter in a moment of rage has told a court she could have died from an accident caused by "copying" the actions of her favourite cartoon character - Peppa Pig.
Little Ellie is said to have been battered to death by frustrated house husband Ben Butler, 36, as he looked after her at their Sutton home.
She suffered catastrophic head injuries similar to those caused by a high-speed car crash on October 28, 2013 - which Butler is accused of inflicting.
The girl's mother Jennie Gray, 36, is accused of then helping her abusive partner to make their daughter's death look like an accident.
Today Butler's barrister Icah Peart QC suggested to the jury at London's Old Bailey that Ellie's injuries could have been the result of her imitating her favourite cartoon character and even read jurors a nursery rhyme from the hit BBC show.
He said: "Five little Peppa Pigs jumping on the bed, one jumps off and bumps her head. Mummy called the doctor and doctor said, don't let Peppa Pig jump on the bed."
Earlier in the trial jurors were played the haunting 999 call made by Butler and Gray, which prosecutors said could have been made up to two hours after Ellie's death.
A Peppa Pig DVD was stuck on the menu screen when paramedics arrived to find the little girl's lifeless body minutes later while other items from the pre-school series were dotted around the pink Disney princess-themed room.
Experts have said it is extremely unlikely that Ellie died as a result of an accident but Mr Peart suggested an alternative scenario to Professor Anthony Risdon, a consultant forensic paediatric pathologist.
He said: "What I'm talking about is someone jumping up and down on the bed and like Peppa Pig, jumps over backwards, falls down and hits her head on the concrete floor, that is the sort of thing I'm talking about.
"Is that the sort of thing that might possibly result in the kind of injuries you saw?"
The expert witness could not say the scenario was impossible, but said: "I have seen a large number of head injuries in children.
"I have never come across a scenario like that and I have never come across a short-distance fall that results in such a severe injury.
"This is completely out of my experience, which is not inconsiderable."
He told the court that Ellie died from a "considerable blunt impact to the head" and not from a short fall from a stool or chair.
There was a "strong possibility" that four marks on her jaw were caused by "gripping", he added.
When it was suggested that Ellie may have survived for up to 45 minutes or an hour, he said that was "extremely unlikely" and she was probably dead in "a few minutes".
Professor Risdon, who has middle-aged children, said he was "a little old" for Peppa Pig, was not familiar with the character's nursery rhymes and did not know Ellie was a fan of the animation.
The court has heard Butler was "constantly teetering on the edge of a violent loss of temper" and his "short fuse" dominated their "toxic" family life.
He is said to have resented his role looking after the home and Ellie and killed his daughter in a moment of rage.
Butler and Gray are also accused of child cruelty over an untreated shoulder fracture caused in the weeks leading up to Ellie's death.
Butler was convicted of assaulting Ellie after she was taken to hospital with serious head injuries in 2007 when she was just six weeks old.
His conviction was quashed by the Court of Appeal in 2010 but by then Ellie had been fostered.
Her mum and dad launched legal proceedings to have Ellie returned to their care and she was given back to them in November 2012 after a successful battle in the High Court.
A year later she was dead.
Defending, Icah Peart QC quizzed Professor Risdon about being given background information, in particular on Butler's arrest, charge and conviction.
He asked about a "confrontation" he had with Dr Irene Scheimberg, who he did not get on with.
When she arrived to observe the post-mortem examination on behalf of Ellie's mother Jennie Gray, he told her she must go and view it from the gallery outside.
He told jurors: "I was more than dismayed. I was not prepared to do an examination with her at my elbow."
But he went on to say he had no recollection of her complaints to the officer in the case and coroner about being ejected as he was focused on the examination at the time.
Mr Peart also asked about a conversation with his colleague Professor Sebastian Lucas who also arrived to observe.
Mr Peart said: "He asked you if this was a murder case, to which you replied 'yes'. Prof Lucas went on to say: 'Is it the parents?' To which you replied: 'Yes.'"
The witness responded: "No. I don't remember that. I have no recollection of this whole exchange.
"You have to remember when I am doing a post-mortem I am focused on that difficult and important examination and not particularly on what is going on around me."
Butler, formerly of Westover Close, Sutton, denies murder and child cruelty.
Gray, formerly of the same address, admits perverting the course of justice but denies child cruelty.
The trial continues.