Listen to Stuff’s new podcast, The Trial, in the player below or on Apple or Spotify. The show offers in-depth coverage of the trial of David Charles Benbow.
After hearing seven weeks of evidence and spending more than three days deliberating, a Christchurch jury has failed to reach a verdict in the murder trial of David Benbow.
Benbow was accused of murdering his childhood friend, Michael McGrath, after he started a relationship with Benbow’s former partner.
The Crown’s case relied entirely on circumstantial evidence – McGrath’s body and the gun police alleged was used to kill him have never been found.
The seven men and five women of the jury returned to the High Court courtroom on Monday afternoon to announce they could not reach a verdict.
It is known as a hung jury. The jurors have now been formally discharged.
KAI SCHWOERER/Stuff
David Benbow on his way to hear the summing up of the evidence in his murder trial at the High Court in Christchurch on Thursday.
Justice Jonathan Eaton remanded Benbow on bail. He said there would likely be a new trial, with a new jury, and set a call over date of May 19.
Benbow was bailed to an address in Rolleston for Monday night, and on Tuesday he will fly to Whangarei and be bailed to his father’s address in Dargaville, where he will remain on electronically monitored bail.
Everyone would be feeling “a sense of frustration” that the case had not been concluded, the judge said.
It became evident a hung jury was on the cards on Monday morning when, about 11.30am, the jury returned to the court after indicating they were struggling to reach a unanimous verdict. Justice Eaton told them they had the option of an 11-1 majority verdict.
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But in the end, despite tallying about 24 hours of deliberations, they couldn’t reach a majority verdict either.
Addressing the jury after discharging them, Justice Eaton said: “I know it will be frustrating to you, given the attention you have given the trial.
“Don’t feel it’s a personal criticism at all, and I’m very conscious each and every one of you have made a significant personal sacrifice on behalf of yourselves and your families, and I thank you on behalf of the community for the effort you have put in.”
A hung jury means Benbow still faces a murder charge. The Crown must now decide whether to prosecute a second trial – and there could be applications seeking the charge be dropped or stayed.
Jury struggled to reach verdict
Jurors first started their deliberations about 1pm last Wednesday.
On Monday morning the judge dealt with a written question from the jury asking for clarification on what is reasonable doubt.
Justice Eaton said the Crown would only have met the beyond reasonable doubt test if “you are sure Mr Benbow is guilty of murder”.
KAI SCHWOERER/Stuff
Justice Jonathan Eaton presided over the seven-week murder trial of David Benbow.
“It is not enough that the Crown persuades you that he is probably guilty or very likely guilty. However, it is virtually impossible to prove anything to an absolute certainty when you are dealing with a reconstruction of past events,” he said.
“A reasonable doubt is an honest and reasonable uncertainty that is left in your mind about the guilt of the defendant after you have given careful and impartial consideration to all the evidence.
“The case against Mr Benbow is a circumstantial case.
“Circumstantial evidence involves drawing inferences from facts that have been established in evidence as opposed to relying on direct evidence.
SUPPLIED
Michael Craig McGrath went missing on May 22, 2017 and was never seen again.
