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

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11:04Callum Parke
Bendall still yet to appear in court
The usher at Southern Derbyshire Magistrates Court has said to our reporter that the hearing has still not been opened due an issue with Bendall's solicitor.

Meanwhile, several members of the press are waiting both in and outside the court.


Updates as Killamarsh murder accused to appear in court
 
11:53Callum Parke
Bendall case to be heard shortly
Our reporter at Southern Derbyshire Magistrates Court has been let into the courtroom, but the case is yet to start due to technical difficulties in connecting with Ripley police station, where the defendant is being held.


12:02Callum Parke
Technical difficulties continue to delay proceedings.
The courtroom remains silent while we wait for Ripley Police Station to join the video link.

The legal advisor has told the district judge: "It appears there are some technical issues at Ripley and they are struggling to get through."

The case is expected to start shortly.



Updates as Killamarsh murder accused to appear in court
 
12:07Callum Parke
Bendall appears via video link
Damien Bendall has now appeared via video link from Ripley police station at Southern Derbyshire Magistrates Court.

He appears dressed in grey tracksuit bottoms and a grey jumper. His head is shaved and bowed as he looks at the floor and has spoken only to confirm his name, address, and date of birth.



Updates as Killamarsh murder accused to appear in court
 
12:11Callum Parke
Charges put to defendant
Prosecutors are corrected in court after mistakenly putting three counts of murder to Bendall, when he is charged with four counts.

The legal advisor tells Deputy District Judge Gary Garland that the offence must be heard at Crown Court due to the nature of the crimes with which Bendall has been charged.



Updates as Killamarsh murder accused to appear in court
 
Last edited:
Provisional trial date period set
Judge Shant QC said: "A trial date has been set to take place between March 1 and May 22, next year."

It will be presided over by a high court judge, the hearing has been told.

Prosecution: Case is "very complex"
Duncan Penny QC, prosecuting, has said to the judge: "The defendant has been sent in respect of four counts of murder.

"I know your honour will have read the details of the allegations. As you will appreciate it is a very complex scene and there are complicated ongoing forensic enquiries."



Trial to take place at Derby Crown Court
The judge has said that the PTPH - Pre-Trial Preparation Hearing - will take place on November 26, either at Derby Crown Court or Nottingham Crown Court, where Judge Shant will be sitting on that date.

The trial, to take place between March and May next year, will take place at Derby Crown Court.

Judge Shant added: "It seems the sooner the court knows what the issues are the better."

Hearing concludes
The hearing is now over.

Concluding the hearing, Judge Shant said: "Mr Bendall, you will be remanded into custody. Thank you very much."

Updates as murder accused Damien Bendall appears at Crown Court
 
This is so devastating to our City. that poor woman and children, I cant even imagine how terrified they all were. This man has been remanded to Wakefield prision, I imagine he will have a hard time in there (as he should) the trial is set for March 1st 2022
 
It must be horrifying to know this happened in your city and know pain that will be endured by their families in the years to come. What conditions create a guy like this? As a society, we need to take a long hard look at attitudes to women. We need to teach our girls how to recognize toxic behaviour and better protect them from male violence which is a big problem. My brother was in an abusive relationship so I know it can sometimes happen the other way round.
 
This horrific attack won't have happened out of the blue; there will have been warning signs with this guy. Women are often in most danger when trying to end a relationship or the period afterwards. I know how it feels to be in a controlling relationship and how trapped you can feel. I was a lot younger than Terri with a pretty shaky upbringing and no family back up which made me a prize candidate for an abusive relationship. I feel incredibly sad for this family because the fall out will go on for many years to come. The lives of the surviving family members will have been changed forever.
 
08:35KEY EVENT
Killamarsh murders: A recap
At 7.26am on Sunday September 19, Derbyshire police was called in relation to concerns for the safety of a man in Killamarsh.

Four minutes later, when officers arrived at the house in Chandos Crescent, they found the bodies of 35-year-old Terri Harris, her two children, 11-year-old daughter Lacey Bennett and 13-year-old son John Paul Bennett, and Lacey’s friend Connie Gent, also 11, from Sheffield.

It is understood the children were enjoying a sleepover together.

Days later, Bendall was arrested and later charged with murder.

Derbyshire Constabulary's Chief Constable Rachel Swann said at the time: "The families of Terri, Lacey, John Paul and Connie have all been informed and my thoughts, along with all at Derbyshire Constabulary, are with them at this most tragic of times.

"This has been an understandably shocking event that has deeply affected the local community in Killamarsh, as well as Connie’s family and friends in Sheffield, and our thoughts are also with them."


09:04CALLUM PARKE
What has happened before in court?
Bendall first appeared at Southern Derbyshire Magistrates Court on Wednesday, September 22, where he was remanded in custody and a date was set for a hearing at Derby Crown Court.

He then appeared at Crown Court on Friday, September 24 for what's known as a preliminary hearing, where a date is set for the next stage in proceedings. He appeared via video link from HMP Wakefield, as he did for the magistrates hearing and for today's proceedings.

Few details of the alleged offences have been revealed so far, and today marks the first occasion that Bendall can enter any pleas.


09:27CALLUM PARKE
Bendall not on Nottingham Crown Court list
Our reporter at Nottingham Crown Court has arrived at the courthouse, where Bendall's name is not on the daily court list.

However, Derby Crown Court has said that it is not listed as a remote-only hearing. No other media appear to be present in person.


09:55CALLUM PARKE
Bendall set to appear via video link in Court 1
Bendall is set to appear in Court 1 at Nottingham Crown Court, in front of Her Honour Judge Nirmal Shant QC, Honorary Recorder of Derby, at 10am.

As with previous court appearances, he will appear via video link. Members of the press, including our reporter, are now being let into the courtroom.

We will cover proceedings live from court as they happen.


10:04CALLUM PARKE
Counsel confirmed
Duncan Penny QC is prosecuting on behalf of the Crown, while Vanessa Marshall QC is defending.


10:07CALLUM PARKE
Several people attending via video link
Several members of the press, relatives of the four people who have died and members of court and probation staff are present on the video link into the courtroom.

The hearing is expected to begin shortly, although Bendall has not yet appeared on the link.


10:13KEY EVENT
Bendall not at the hearing
Bendall has not appeared at today's hearing, either on video link or in person.

Miss Marshall told the court her client is not here as he is unwell. She has also said she has not had the chance to have a conference with Bendall to take instructions.

Judge Shant has told Miss Marshall she needs to go to the prison in person and have that conference in person with the defendant at the earliest possible date


10:15CALLUM PARKE
Defence: "There are a number of psychiatric issues"
Miss Marshall has told the hearing: "There are a number of psychiatric issues here and we are waiting for an MRI scan."

The judge has said "we need to make some progress" ahead of a scheduled trial date on March 21, 2022.


10:19CALLUM PARKE
Judge says MRI scan must be performed
Judge Shant said: "The purpose of today is to set a timetable." She has asked when the MRI scan will be done and Miss Marshall said she does not know.

"It seems to me that if the scan can be performed by the 23rd December, is that the only thing outstanding?" Judge Shant asked.

"If there is anything else, I can't see it being an insurmountable problem," Miss Marshall responded.


10:20KEY EVENT
Case to be adjourned
The case is being adjourned and will be back before Judge Shant on January 4, 2022.

She said: "On January 4, I expect to be told if this is a case with a psychiatric issue."


10:23CALLUM PARKE
Telephone devices being examined by prosecution
Duncan Penny QC, prosecuting, is now addressing the court and has said some telephone devices are set to be examined for evidence.

He said: "The outstanding matters as far as the crown's investigation is concerned is the toxicology which is about three to four weeks away. The evidence is a number of devices were damaged during the build up to the arrival of the police. Three or four telephones are currently being examined to see what can be retrieved from them.

Mr Penny said one or two of the devices may be damaged beyond repair, and that further forensic work still needs to be carried out at both the scene and from evidence collected from it.


10:27CALLUM PARKE
Judge directs Bendall to attend in person at the next hearing
Judge Shant has said that measures should be put in place to ensure Bendall does appear in court on the next occasion.

She said: "Once the directions in this case are a little clearer we might have to revisit the trial date. I direct that on the next occasion the defendant is here in person and measures are put in place because of concerns over the defendant."

She added that "it is a bridge that will have to be crossed at some stage" and that the indictment "ought to be put to him sooner rather than later".


10:27CALLUM PARKE
Hearing concludes
The hearing has now finished.


10:39CALLUM PARKE
What happens next?
The case has been adjourned until Tuesday, January 4 2022, so that psychiatric assessments can be carried out on Bendall. He still has not entered any pleas relating to the four murder charges.

This is before a scheduled trial date of March 21, 2022.


Killamarsh deaths: murder-accused Damian Bendall has case adjourned
 
[...] Ms Marshall told Judge Nirmal Shant QC that the defendant – currently remanded to HMP Wakefield – was “too unwell” to attend the hearing.

She said: “When he was asked to come to the video link he said he was feeling too unwell to attend.”

Explaining a delay in the progress of the trial, Ms Marshall told the judge: “You will know that Mr Bendall was seen last Friday by our forensic psychiatrist.”

"We’re waiting for an MRI scan to be performed because I think your honour will know there is a tumour of some description.”




However, Bendall’s defence team were still waiting for an MRI scanner to be brought to the prison – which had still not been done.

Ms Marshall added that Bendall’s psychiatrist had recommended his transfer from prison to a hospital for treatment.

The court heard further progress in the trial’s timetable was dependant on the MRI scan results and the psychiatric report which follows.

Judge Shant, adding “we need some direction for this case”, set a deadline of December 23 for the scan to be performed.

Killamarsh murders accused “too unwell” to attend court and understood to have a “tumour”
 

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