SION Jenkins, the deputy headmaster jailed for life for the murder of his foster daughter Billie-Jo, today lost his appeal against conviction.

The Court of Appeal in London upheld a jury's verdict that it was Jenkins, 41, who bludgeoned

13-year-old Billie-Jo to death with a metal tent spike as she was painting patio doors at the rear of the family's home in Lower Park Road, Hastings.

Mr Justice Gage and the Lewes Crown Court jury had heard that about 150 microscopic blood spots found on his clothing could only have resulted from Jenkins being close to the girl as she was being struck.

Crown experts said Billie-Jo must have died during the brutal attack and would not have still been alive 15 minutes later, when Jenkins claimed to have "discovered" her body after returning from a shopping trip with two of his four natural daughters.

His appeal hinged on fresh evidence, tests said to show that the blood spots could have come from the dying teenager's breath as he crouched over her.

But appeal judges Lord Justice Kennedy, Mr Justice Dyson and Mr Justice Penry-Davy said: "We conclude that the fresh evidence, though relevant and credible, adds so little to the weight of the defence case as compared with the prosecution's case that a doubt induced by the fresh evidence would not be a reasonable doubt.

"We therefore dismiss this appeal against conviction."

The judges adjourned to the New Year the question of whether to certify that the case raised a point of law of general public importance on which to found a further appeal to the House of Lords.

Billie-Jo's natural father, Bill Jenkins - no relation to the convicted man - said afterwards: "I am satisfied with the court's decision. I am satisfied with the police.

"I just hope he won't expect anything else of this court or any other court in the land. You can't buy justice."

An order for £107,000 prosecution

costs was made against Jenkins - whose appeal was privately funded - but the court ordered it not to be enforced after Anthony Scrivener QC said Jenkins had no assets.

Mr Scrivener said that, after the Lords, the "last card in the pack" was a possible appeal to the European Court of Human Rights on the grounds that English criminal law imposed restrictions on the right of appeal contrary to Article 6 of the European Convention on Human rights.

Det Supt Jeremy Paine, of Sussex Police, who led the murder inquiry, said today: "Naturally I am very pleased that the court dismissed the appeal and upheld the conviction.

"I have always believed that our investigation was professional, detailed and meticulous and proved that Sion Jenkins killed Billie-Jo.

"I hope that things can now rest and the families can continue to rebuild their lives."

The judges had been told that, on the prosecution's case, Jenkins would have had no more than three minutes to carry out the February, 1997, murder, in which at least nine blows to the head and four to the hand were delivered, and then drive off on a trip to the local DIY store.

The judges said they did not question the integrity of Prof David Denison, an expert called to support the theory that the blood spots could have come from Billie-Jo's breath, or the validity of the experiments he conducted.

But they said his exhalation theory "does not fit the facts of this case."

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