GUILTY UK - Terri Harris 35, Lacey Bennett 11, John Paul Bennett 13, Connie Gent 11, Killamarsh 18 Sep 2021

Damien Bendall expected to enter pleas over Killamarsh murders and rape charge

He was due at Derby Crown Court last week for a plea hearing but the case was re-listed and is now due to go ahead on Wednesday, January 26.

A provisional trial date of March 1, 2022, has been set but as yet no pleas have been entered.

Pleas to four murders and one rape could be entered at a court hearing this week
 
A murder suspect's responsibility for the deaths of a mother and three children is not in dispute, a court has heard.

Damien Bendall is accused of raping and murdering 11-year-old Lacey Bennett, and murdering her brother John Paul Bennett, 13, their mother Terri Harris, 35, and Lacey's friend Connie Gent, 11.

Mr Bendall did not enter a plea during the hearing at Derby Crown Court.

Mr Bendall is due to stand trial on 21 March.

Judge Nirmal Shant QC remanded Mr Bendall, of Chandos Crescent, back into custody to appear at the same court for a plea hearing on February 25.

Murder suspect caused deaths of mum and children, court hears
 
09:17SOPHIE CORCORAN
Live updates from Bendall court appearance
We'll be bringing you the live updates from Derby Crown Court when Damien Bendall appears for his plea, trial and preparation hearing.

He is set to be produced.


10:14SOPHIE CORCORAN
Damien Bendall was charged in September
Bendall was charged on September 22 after the discovery of the bodies of Terri Harris, John Paul Bennett, Lacey Bennett and Connie Gent were discovered at a house in Chandos Crescent, Killamarsh in September last year.

Vigils took place and tributes poured in for the victims as they were named by Derbyshire Police.

A fundraiser was also set up to support their families.


10:28SOPHIE CORCORAN
Hearing due to start shortly
Damien Bendall is set to appear before Judge Nirmal Shant QC at around 10.30am.

He last appeared at Derby Crown Court in January this year.


10:38SOPHIE CORCORAN
The case has been called on
Our sister title DerbyshireLive reports that around 20 people gathered outside courtroom 1 at Derby Crown Court as they waited for the case to be called on.

The public gallery in the courtroom is full and a number of reporters and family members have logged on to the hearing through the cloud video platform.


10:45SOPHIE CORCORAN
Bendall is in the dock
He is represented by Vanessa Marshall QC.

The prosecution is representing by Duncan Penny QC.


10:46SOPHIE CORCORAN

Bendall fit to stand trial

Judge Nirmal Shant QC has told Ms Marshall Bendall is fit to stand trial.



10:49KEY EVENT

New trial date has been set

Bendall was due to stand trial from March 21 this year.

A new trial date of May 3 has been set. It is expected the trial will run until May 27.



10:57SOPHIE CORCORAN

The hearing has now come to an end

The judge has left the room and Bendall has been led from the dock.

The public gallery has emptied.

Bendall will next appear for a pre-trial review on April 13.

Live as Killamarsh murders suspect Damien Bendall appears in court

BBM
 
Damien Bendall, aged 32, who is accused of murdering a mother, her two children and their friend, appeared before a Crown Court judge earlier today for a pre-trial hearing.

Bendall was remanded in custody at Derby Crown Court after being told his trial would now start on
May 9, not May 4 as previously planned.

He was not required to enter any pleas to the charges during his appearance before Judge Nirmal Shant QC.


New trial date set for man accused of murdering woman and three Sheffield schoolchildren
 
Defence barrister Vanessa Marshall QC told Derby Crown Court this morning that a radiologist had recommended more tests on Mr Bendall – requesting his trial be delayed until they have been completed.

She said: “I can only be guided by my experts. This is an extremely serious case.”

Bendall’s trial was due to begin on May 3 but this morning Judge Nirmal Shant QC agreed to delay it until May 9.

She said: “I’m going to push this trial back by just a few days til the 9th of May – I’m not going to push the trial back any further.”

A timetable of just over three weeks has been sat for Bendall’s trial.



Killamarsh murders: Damien Bendall trial pushed back by medical tests
 
09:46Sophie Corcoran
What happened when Bendall last appeared in court?
Bendall last appeared in court in March this year.

A new trial date of May 3 was set after the original trial date of March 21 was vacated.

Judge Shant was told Bendall is fit to stand trial.

He is represented by Vanessa Marshall QC.

The prosecution is representing by Duncan Penny QC.

10:24Sophie Corcoran
Defence and prosecution addressing the judge
Duncan Penny QC and Vanessa Marshall QC are making legal submissions to the judge.


10:26KEY EVENT
Trial pushed back again
Judge Shant has told the courtroom the trial will be vacated until May 9.

It was due to start May 3, but due to that day being a Bank Holiday, it was pushed back until May 4.

The judge told counsel: "If you have any submissions, make them to the trial judge I am not going to push it back any further."


10:33Sophie Corcoran
Trial will be before Mr Justice Sweeney
The Honourable Mr Justice Sweeney is a High Court judge.

H has e presided over and was the judge in high-profile cases featuring defendants such as Ali Harbi Ali, convicted earlier this year of murdering Sir David Amess.


10:36Sophie Corcoran
Hearing has now finished
Bendall has been led from the dock.

The trial is due to start May 9.



Live as Damien Bendall in court over Killamarsh rape and murder
 
The boyfriend of a mother found dead alongside her two children and one of their best friends after a sleepover has been further charged with raping a girl under 13.

Damien Bendall, 31, is now alleged to have raped and murdered 11-year-old Lacey Bennett, as well as being accused of killing her brother John Paul Bennett, 13, their mother Terri Harris, 35, and Lacey's friend Connie Gent, 11.

In a statement, the CPS said: 'The Crown Prosecution Service has authorised a further charge for Damien Bendall, 31, after reviewing a file of evidence from Derbyshire Police. He has now been charged with rape of a girl under 13.

Man is charged with raping and murdering 11-year-old girl | Daily Mail Online

It was horrific before it got to this post, but this…no words. I only wonder if he did it front of her mum as revenge. Before killing them all…feel nauseous just thinking about it.

Uggghh…
 
Wonder why the involvement of the radiologist?

Brain tumour or damage? I know either of those could cause out-of-character violent behaviour and possibly justify a diminished responsibility defence to the killings... I've not heard of brain damage leading to rape before, but, maybe?

Note: the above is speculation, not defending the accused until we hear more about whether or not he may have any such condition... the case as reported so far is a "throw away the key" one IMO, but I guess we'll see if there is any mitigating circumstances or not.
 
The defence are claiming that he has a brain tumour. It has led to several delays, as recorded in previous posts.

Oops, should've read back before answering, that bit had escaped my mind since it was last mentioned. Well at least I was thinking along the right lines :p That'll certainly make for a different trial; is it a bad enough tumour to change his personality to that extent, or is it something he might've done anyway? Not surprised they want loads of tests done then, the more info the better for the jury to work with.
 
Answering my own Q here - postponed again





Bendall had been due to face trial on Monday 9 May at Derby Crown Court.

But at a hearing before Mr Justice Sweeney at the Old Bailey on Thursday, that date was broken.

The defendant appeared by video-link from custody at Wakefield prison.

Mr Justice Sweeney set another hearing for 26 May at the Old Bailey.

He identified a potential new trial date in Derby from 4 October, to be confirmed later.Bendall was further remanded into custody.



 

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