The jury has retired in the murder trial of 54-year-old Christchurch prison guard David Benbow, accused of killing his friend Michael McGrath.
He’s accused of murdering Halswell builder McGrath in a fit of anger and jealousy after discovering he was in a relationship with his ex-partner Jo Green.
David Benbow is accused of killing his friend Michael McGrath, whose body has never been found. (Source: 1News)
The body of the alleged victim has never been found, the .22 rifle the Crown says was used as a murder weapon is missing, and no forensic evidence was found at Benbow’s house, where police say McGrath was killed.
In the High Court at Christchurch Justice Jonathan Eaton summed up the case for the jury.
”You must put aside all feelings of emotion, whether they be sympathy or prejudice... sympathy for Mr McGrath and his family.. a family who haven't seen their son for six years and believe that he is dead. But don't know where he is.
"Sympathy for Jo Green. Sympathy for the Benbow children. Sympathy for Mr Benbow and the predicament he faces. All those feelings must be put aside, as must feelings of prejudice. Prejudice particularly against a person who was accused of killing someone else."
Both mothers, family and friends of the alleged victim and the accused killer sat on opposite sides of the public gallery throughout the trial.
In summing up the Crown case Justice Eaton told the jury: “The Crown say he (David Benbow) had every reason to be angry and upset and motivated to cause harm to Michael McGrath".
"You know the last known arrangement by Michael McGrath was for the two men to meet at 9am at Candys Road on the 22nd May.
"The Crown case is they did meet there, Michael McGrath has not been seen since and the only logical and reasonable explanation is that David Benbow killed Michael McGrath."
He then summarised the defence case.
"The defence say the Crown case alleging Michael McGrath was murdered by David Benbow shortly after 9am on 22 May has been completely answered by the electricity evidence."
It’s alleged David Benbow killed Michael McGrath after the latter started seeing the former’s ex-partner. (Source: 1News)
"If you accept Mr Beatty's opinion and you find that Mr McGrath was still at home and using electricity in his home after 9am... then every other aspect... simply falls away. That's the defence case.
Justice Eaton told the jury they should not be motivated by a desire to hold someone accountable for McGrath's disappearance.
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