Child killer, 38, serving life for beating his six-year-old daughter to death in a fit of rage at home is fighting a refusal to grant him legal aid for her inquest

  • Ellie Butler was battered to death by her father Ben Butler, 38, in South London
  • Butler was jailed for at least 23 years after killing his daughter in a fit of rage
  • Ellie's mother Jennie Grey, 38, admitted helping him to cover up the murder 
  • Two-week inquest will take place at Croydon Coroner's Court next March

Ellie Butler was battered to death by her father Ben Butler in an explosive fit of rage

Ellie Butler was battered to death by her father Ben Butler in an explosive fit of rage

A convicted child murderer is appealing a decision to refuse him legal aid to be represented at the inquest into his six-year-old daughter's death.

Ellie Butler was battered to death by her father Ben Butler, 38, in an explosive fit of rage at their home in Sutton, South London, in October 2013.

Butler was jailed for life with a minimum term of 23 years at the Old Bailey in June last year. His partner and Ellie's mother Jennie Gray, 38, admitted helping him to cover up the murder.

Former car salesman Butler resented looking after Ellie while graphic designer Gray was at work, with whom he had a 'toxic' and controlling relationship.

He had previously been convicted of assaulting Ellie when she aged just seven weeks in 2007, after she suffered serious head injuries and was taken into care.

But his conviction was quashed in June 2010 and, following a High Court custody battle, Ellie returned to live with her parents in November 2012 - just 11 months before her death.

Butler was also convicted of a child cruelty offence, relating to a broken scapula Ellie had suffered in the weeks before her death, for which Gray was also found guilty.

Ben Butler was jailed for life with a minimum term of 23 years in June last year
Ellie's mother Jennie Gray, 38, admitted helping to cover up the murder

Ben Butler (left) was jailed for life with a minimum term of 23 years in June last year. His partner and Ellie's mother Jennie Gray (right), 38, admitted helping him to cover up the murder

Gray admitted perverting the course of justice, and was jailed for 42 months.

A two-week inquest will take place at Croydon Coroner's Court next March, which will look into whether the authorities failed Ellie.

A pre-inquest review today heard that the scope and whether there will be a jury are yet to be decided. Butler and Gray appeared via video link from prison.

They occasionally interrupted the hearing, complaining they did not understand or had not received the papers, with Butler saying: 'I don't know what's going on.'

Lawyers for Neal Gray, Ellie's grandfather, argued there needed to be a jury inquest.

Hugh Southey QC, for Mr Gray, said: 'This is a case where what is an issue is whether the state exercised properly, first of all, the in one sense draconian powers it has to protect children. Children are a particularly vulnerable group.

An inquest will look into whether the authorities failed Ellie
Gray admitted perverting the course of justice, and was jailed for 42 months

Butler was also convicted of a child cruelty offence, relating to a broken scapula Ellie (left) had suffered in the weeks before her death, for which Gray (right, at court) was also found guilty

'As a consequence, it is important the state is held to account, if it hasn't exercised those powers properly.'

He added: 'Even if the High Court isn't an issue, the actions of the state in the most general sense are an issue. In those circumstances, a jury is required.'

While Butler was represented by a pro bono lawyer, Matthew Stanbury, Gray had no legal representation.

Butler's application for legal aid was rejected last month, but an appeal was lodged yesterday, the court heard.

Coroner Dame Linda Dobbs said: 'I can only say what I said last time, which I believe was it is highly desirable. I repeat it.'

An application by Gray for legal aid was refused, with the agency stating the Gray family was already represented. Mr Southey said they had clarified the situation with the agency.

Gray, pictured being interviewed by police, admitted perverting the course of justice, and was jailed for 42 months

Gray, pictured being interviewed by police, admitted perverting the course of justice, and was jailed for 42 months

The coroner replied: 'They are separate interested persons, and they certainly have separate interests. If that assists, that can be conveyed.'

The court heard the scope of the inquest is still to be decided, but Gray raised her hand to complain: 'I haven't had any of the documentation so I can't respond.'

She was told the coroner's office would provide a hard copy of all the material.

Mr Stanbury, for Butler, said: 'You are not allowed to have in your cell a certain amount of pieces of paper, particularly in a high security prison like Belmarsh.

'We will endeavour to get to Mr Butler what we can. It's another reason perhaps why it's so important for Mr Butler and Ms Gray to be represented.'

The coroner also ruled documents called individual management reports, which were submitted to a serious case review into Ellie's death, need to be disclosed.

She said: 'The public interest in withholding the IMRs is outweighed by the public interest in disclosure.'