New Zealand - Michael McGrath, 49, still missing, Christchurch, 21 May 2017 *arrest* *Mistrial*

[JerseyGirl]

Jury in CHCH murder trial struggle to reach unanimous verdict

Prison guard David Benbow, 54, is accused of killing his friend Michael McGrath in May 2017.

www.1news.co.nz

After 20 hours of deliberations, Justice Jonathan Eaton has told the jury they can now reach a majority verdict, if just one juror is in disagreement.

 

[hazel324]

No body, no gun: Hung jury in Christchurch murder case

Michael McGrath vanished in 2017 - his friend denied shooting him dead.

www.nzherald.co.nz

A jury considering whether a former prison guard murdered his long-time friend has been unable to reach a verdict.

The hung jury had been deliberating for 23 hours over four days in the case of David Charles Benbow, 54, standing trial for the alleged murder of Michael McGrath in 2017.

The trial at the High Court in Christchurch has heard from more than 100 witnesses over the last seven weeks. But the jury today said that it could not reach a unanimous decision and were discharged by Justice Jonathan Eaton. He thanked the jury for their service.

 

[hazel324]

Benbow showed no emotion as the news emerged, nor when the hung jury walked out of court.

He was remanded on electronically-monitored bail and will be back in court on May 19 to decide what happens next with his case.

McGrath’s brother, Simon McGrath, said he was “disappointed” the jury was unable to reach a verdict.

So I knew this would happen because of the massive dilemma this jury faced

It's likely that most of them were pretty convinced by all the circumstantial evidence that there could really be no alternative as to what happened to Mike McGraw

But with no smoking gun how could they say Guilty for sure...

 

[JerseyGirl]

New trial date set for man accused of murdering Michael McGrath

Christchurch prison guard David Benbow is accused of killing his friend six years ago.

www.1news.co.nz

The second trial will begin in August and is set down for eight weeks.

 

[hazel324]

The search for missing Real Estate Agent Yanfei Bao happens to include areas searches for Mike McGrath 6 years ago... I'd imagine a certain person will be feeling quite anxious but wouldn't it be good if they found Mike as well as Yanfei

"Police have appeared to focus their efforts on the Halswell River and Lake Ellesmere using Police Search and Rescue, LandSar volunteers, Coastguard, Surf Life Saving members, the Police Specialist Search Group, police dog teams, Garden City Helicopters and Amateur Radio Emergency Communications (Arec) hunting on the ground, water and in the sky.

On Thursday, the search team also began searching an effluent pond of about 120 square metres on a farmer’s property.

The officer in charge of the search for Operation Helo, Detective Brent Menzies, told the Herald a “significant amount of time and resource” has been put into the search.

Police continued their search on Thursday for missing Christchurch real estate agent Yanfei Bao. Photo / George Heard

To date, the team, which has been as large as 50, has searched the Halswell River south down to Lake Ellesmere, including portions of the lake and nearby riverbanks, along with staff on the ground.

By the end of Thursday the dive squad, who have been assisted by high-end hand-held sonar that can detect things as small as 30-centimetre-long sticks in a murky river, will have searched about 2.5 kilometres of waterways.

Menzies says planning such a search relies on what information is provided by the investigation team in terms of locations of interest that have been identified. The team in charge of the search then gets together to look at the terrain, what resources they’ve got available and how best to use them.

The dive squad has searched about 2.5 kilometres of water. Photo / George Heard

“You’ve got to be practical about what you’re doing. You can’t expect the dive squad to search the whole river - there is a practicality aspect to it.

“But at the end of the day, we want to be able to stand up and say we are confident in what we have or haven’t found.”

Yanfei Bao has not been seen for 15 days. Photo / George Heard
Drone photographs taken by the Herald along the Halswell River and Lake Ellesmere reveal the vast area police have been focusing on.

Menzies says Lake Ellesmere, which is in excess of 150 square kilometres, is “deceptively big”, but the water they’re searching is “actually quite a good environment” from a search perspective and made things easier in some respects.

“Even though it is a massive area, it’s actually quite a unique environment in that the Halswell River feeds into Lake Ellesmere, which is normally closed off to the sea. There’s very little current flow in that lake. The biggest effect on anything that may have been floating is the wind.”

The Police National Dive Squad will be searching along Lake Terrace Rd, Burwood."

Inside the search for Yanfei Bao: ‘We just want some answers’

 

[hazel324]

A new episode of The Trial Podcast has just been released...am listening to it now...going through the Jury process. SO interesting

I love this Podcast because it includes many excerpts from the trial process - actual recordings as well as some interactions voiced by actors of actual witness evidence

You really get to see right into this trial. Second trial is coming up VERY soon (will amend this if I hear date has been pushed)

 

[hazel324]

The second trial of David Benbow accused of murdering his childhood friend commenced in the Christchurch High Court today, Monday 21st August, 2023

Same Judge as last trial, Justice Eaton, overseeing the retrial says new evidence will be presented to the court.

David Benbow, 54, has pleaded not guilty to the charge of murdering Michael McGrath, who has been missing since May 2017.

A trial for Benbow was held in February this year, but after seven weeks of evidence and three days of deliberation, the jury could not reach a verdict.

Today in Christchurch, a jury was empanelled for Benbow's second murder trial. A jury of six men and six women were selected for the trial which is expected to take around eight weeks, with 120 witnesses to be called.

The Crown and defence will give their opening addresses on Tuesday.

David Benbow retrial: New evidence to be presented in Christchurch murder case

The judge overseeing the retrial of a man accused of murdering his childhood friend, says new evidence will be presented in the second trial.

www.rnz.co.nz

 

[hazel324]

No body, no weapon murder case: ‘Means, motive and opportunity merged into murder’, Crown says

Michael McGrath was last seen alive in May 2017.

www.nzherald.co.nz

Former prison guard David Benbow is the only person with the “motive, the means and the opportunity” to murder his childhood friend Michael McGrath, the Crown alleges.

Benbow, 54, denies killing McGrath in the Christchurch suburb of Halswell in 2017.

He pleaded not guilty during a seven-week trial at the High Court in Christchurch earlier this year. No verdict was reached.

A retrial began at the High Court in Christchurch this week.

On Wednesday, Crown prosecutor Claire Boshier outlined the prosecution’s case against Benbow.

 

[hazel324]

There has been practically zero media coverage during this second trial....guess it was just same old same ol', although new evidence had been promised to be presented this time round. I do wish "The Trial" Podcast had updated over this time...perhaps an update release will be imminent after summing up

David Benbow has now sat through two trials and 14 weeks of evidence, both taking place this year.

Tomorrow morning, the judge will sum up the case and the jury of six women and six men will begin deliberating.

David Benbow murder trial: Second jury set to begin deliberations

He's accused of murdering childhood friend Michael McGrath.

www.newshub.co.nz

 

[hazel324]

David Benbow case: Calculated killer or victim of police bias?

A jury has retired to consider its verdict in the retrial of Christchurch man David Benbow, who is accused of murdering Michael McGrath and hiding the body in an elaborate cover-up.

www.1news.co.nz

A jury has retired to consider its verdict in the retrial of Christchurch man David Benbow, who is accused of murdering Michael McGrath and hiding the body in an elaborate cover-up. Thomas Mead summarises the evidence the jury is now considering.

 

[hazel324]

WOW - entirely circumstantial Guilty Verdict - the right one imo

Stuff

www.stuff.co.nz

David Benbow faces a life jail sentence after a jury in the High Court in Christchurch found him guilty of murdering his long-time friend Michael McGrath.

The jury delivered its verdict to the High Court in Christchurch about midday on Thursday after deliberating for about 18 hours over three days.

The guilty verdict ended 55-year-old Benbow’s second trial on the charge that arose after McGrath, a Christchurch carpenter, went missing in May 2017. The two were Halswell stalwarts and had been friends since school. The first trial ended in a hung jury in April.

edit to add - almost 6 month wait til sentencing!

 

[hazel324]

This is better report...

David Benbow guilty of 2017 murder of Michael McGrath

A jury has found the Christchurch man killed his old school friend in 2017 and hid the body in an attempted cover-up.

www.1news.co.nz

After a relentless investigation that traversed six years, David Benbow has been found guilty of the murder of Michael McGrath.

The 54-year-old Christchurch man has always denied killing his friend and hiding the body but today, that charade came crumbling down.

It ends a long legal saga: Benbow’s first trial ended without a decision earlier this year, the jury unable to agree over his guilt.

The evidence was heard again in a retrial held over the last seven weeks, and the second jury had no doubt, finding him guilty of murder.

The charge was proven with no body, no murder weapon and no forensic evidence of any kind. Not a single speck of blood was ever uncovered by police.

McGrath, a builder aged 49, disappeared suddenly and without a trace in May 2017, shortly after starting a romance with Benbow’s ex-partner. He has never been heard from again.

Benbow, a former prison guard, was a “careful” and “calculated” man – to quote Crown prosecutor Barnaby Hawes – but “everyone makes mistakes”.

“He's hidden the body well and utilised an outdoor scene to his advantage, kept things very simple and spoken to nobody about it,” Hawes told the court when the evidence came to an end last week.

The prosecution relied on circumstantial evidence to catch the former prison guard following a trail of clues that showed his behaviour was so suspicious it could not be ignored.

While they had no forensic evidence, they found several pieces of suspicious behaviour that pointed to Benbow’s guilt.

But in the end, the jury found there was no need for a body or forensic evidence.

There were simply too many strands of evidence pointing to Benbow for his innocence to be believed.

The jury foreman delivered the one word police had been working towards for more than six years: “Guilty.”

So while many questions remain about exactly what happened to McGrath, one has finally been answered.

 

[CalliopeGG]

Anyone interested in discussing this with me..? I live in NZ, followed case but don't have anyone really interested in sharing thoughts etc...

 

[CalliopeGG]

Anyone interested in discussing this with me..? I live in NZ, followed case but don't have anyone really interested in sharing thoughts etc...

Anyone interested in discussing this with me..? I live in NZ, followed case but don't have anyone really interested in sharing thoughts etc...

Oh yes, ME! I’m very late catching up here but do you still want to talk about it Hazel? I’ve been on this case for 6 long years. So elated with the verdict. I didn’t think it would happen tbh. I totally thought he was going to get away with it. Michael’s family will get justice at last. If you were a family member would you consider Benbow receiving a reduction in sentencing if he were to disclose where he has put Michael’s body? Personally I would, in fact I’d like to propose that to him myself! Do you think he may appeal? He seems to have unlimited legal funds.

 

[hazel324]

Oh yes, ME! I’m very late catching up here but do you still want to talk about it Hazel? I’ve been on this case for 6 long years. So elated with the verdict. I didn’t think it would happen tbh. I totally thought he was going to get away with it. Michael’s family will get justice at last. If you were a family member would you consider Benbow receiving a reduction in sentencing if he were to disclose where he has put Michael’s body? Personally I would, in fact I’d like to propose that to him myself! Do you think he may appeal? He seems to have unlimited legal funds.

Of course...the case presented is very interesting because there are so many strands of circumstantial evidence that all add up to one conclusion. I do think he will appeal and I don't think he will admit guilt any time soon.

NZ Justice System is different to the various States in US that have so many options. (Alferd Plea for one) I don't even know if it's a 'thing' here where someone can reduce sentencing for providing location of remains. But for him to do that, he would have to admit guilt and honestly I really don't think he will.

I see US cases where family just want their loved one back for a proper burial and agree to negotiations with charge/sentencing and that would be something I think Mike's family may be open to. I just don't see Benbow going for it. First he will try Appeal...I just don't see him admitting anything but you never know...somewhere down the line he may.

 

[hazel324]

Have you listened to The Trial Podcast ?

Here's link if you haven't - The Trial – New Zealand Podcasts

I really enjoyed it...with first trial, each strand of evidence was talked about and there were excerpts from Court witnesses etc.

There was next to no media coverage on 2nd trial. The Crown sought further confirmations of a few points, like the sighting of Mike's car outside DB's property that morning by the Port worker, going into depth relating to time he would've left work. Plus the power issue at MMG's home on that morning...these were points that confused first jury so Crown made sure to provide more info (boring as it was) going over details to help the jury.

I had a sliver of hope that MMG's remains might be found when all the searching for Yanfei Bao took place. I bet DB was bricking it, thinking similarly that there was a chance he may be found.

Just hope McGrath family do get resolution one day...

 

[CalliopeGG]

Have you listened to The Trial Podcast ?

Here's link if you haven't - The Trial – New Zealand Podcasts

I really enjoyed it...with first trial, each strand of evidence was talked about and there were excerpts from Court witnesses etc.

There was next to no media coverage on 2nd trial. The Crown sought further confirmations of a few points, like the sighting of Mike's car outside DB's property that morning by the Port worker, going into depth relating to time he would've left work. Plus the power issue at MMG's home on that morning...these were points that confused first jury so Crown made sure to provide more info (boring as it was) going over details to help the jury.

I had a sliver of hope that MMG's remains might be found when all the searching for Yanfei Bao took place. I bet DB was bricking it, thinking similarly that there was a chance he may be found.

Just hope McGrath family do get resolution one day...

I haven’t listened to it, but I’m interested to now after reading your description of it. So that was the “new evidence” - clarification of the evidence from last time. I wonder if there was some sort of media ban as there has been no trial reporting this time that I could find until the jury went out (and a small amount right at the beginning). It has occurred to me that the perpetrator from the other crime may have followed the previous trial and got the idea for where to bury her from that. I do wonder too if that made DB nervous. Having been out to that area, I’d say it will be like looking for a needle in a haystack unfortunately for both of them.