21 Aug 2023

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

5:00 pm on 21 August 2023
David Benbow at his retrial at the Christchurch High Court on 21 August, 2023.

David Benbow is standing trial again for the murder of Michael McGrath. Photo: Stuff / Pool / Iain McGregor

The judge overseeing the retrial of a man accused of murdering his childhood friend 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.

Justice Jonathan Eaton during the retrial of David Charles Benbow at the High Court in Christchurch on 21 August, 2023.

Justice Jonathan Eaton Photo: Stuff / Pool / Iain McGregor

Justice Jonathan Eaton spoke to the prospective jurors about the extensive media coverage of the previous trial.

He said jurors may have seen a range of media coverage on the first trial, and that was not a problem as long as they could now put it aside and approach the case with an open mind.

"I cannot overstate how important this is," Justice Eaton said, "because the evidence in this trial will not be exactly the same as evidence in the first trial."

Michael McGrath

Michael McGrath went missing in May 2017. Photo: NZ Police

"There will be evidence that was called in the first trial that will not be evidence called in this trial. There will be evidence called in this trial that was not called in the first 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.