Six weeks into the murder trial of former prison guard David Benbow, the defence has opened its case by highlighting an error by a Crown witness that changes the timing of Michael McGrath’s movements on the morning it’s alleged he was killed.
Benbow, 54, is on trial in the High Court in Christchurch for allegedly murdering his friend in 2017.
McGrath was in a romantic relationship with Benbow's former partner and the mother of his two daughters, Joanna Green, at the time of his death.
The Crown says the pair's relationship was a catalyst for the killing.
The 49-year-old builder went missing in May 2017. His body has never been found. His disappearance triggered a large-scale manhunt, including intensive searches in the suburb of Halswell, near his home.
Benbow has pleaded not guilty to his murder.
The defence counsel's Marc Corlett today told the jury, "I can't let pass without comment the shambles that's been unfolding in the past week".
He was referring to the Crown re-calling expert witness Catherine Mace from Genesis Energy about a mistake in her testimony. Earlier in the trial she’d claimed 1KW of power was used at McGrath’s home as he "had breakfast" between 8.30am and 9am the morning it’s alleged he was killed.
However, she later realised the spike occurred half an hour later.
Crown prosecutor Barnaby Hawes asked her, "If that had happened would that require Mr McGrath to be in the house?". Mace replied, "No".
However, the Defence suggests the timing change rules out CCTV evidence allegedly showing McGrath’s Subaru on the way to Benbow’s house at 8.54am.
Corlett, cross examining Detective Inspector Kylie Schaare, asked, "If, as a matter of fact, Mr McGrath was at his house between 9am and 9.30am doing his breakfast things, if that's true then he can't possibly have been in his car at 8.54am driving round to Candys Road? He can't possibly be in two places at once, would you agree?"
Detective Inspector Schaare replied, "I don't think power consumption alone can clearly determine occupancy".
"I'm not interested in your view," Corlett replied.
Corlett told the jury it’s an error that "collapses" the Crown case.
"The entire premise of the Crown case was flawed," he said.
He told the court Benbow won’t be giving evidence in his own defence, and that the defence case will take just three days to refute the key points in the Crown's case.
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