There's been a hung jury in the case of Christchurch prison guard David Benbow, who had been accused of murdering his friend after he started a relationship with his ex-partner.
Benbow, 54, had been on trial for seven weeks at the High Court at Christchurch for the murder of Michael McGrath, 49, who hasn't been seen since May 2017.
His body has never been found.
Benbow, who has been on bail throughout the trial, gave a thumbs up and smiled to the media waiting outside court as he arrived on Friday morning, but after the weekend break he was straight-faced walking into court this morning.
The jury took 23 hours before deciding it could not agree on a verdict, after starting deliberations just before 1pm on Wednesday.
They’ve asked three questions and been on numerous walks throughout their deliberations, in an attempt to reach a decision.
The public gallery in the High Court in Christchurch was packed with friends and family of both McGrath and Benbow. They’ve sat on opposite sides of the court for the entire seven week trial. They were silent as the jury was stood down.
It was alleged Benbow killed his friend with a .22 rifle — a weapon which also has never been found — amid his anger and jealousy that his former partner Jo Green had been seeing McGrath.
The defence has said the Crown case was fatally flawed, comparing it to a "cheap Easter egg".
It was alleged David Benbow killed Michael McGrath, angry that his friend had started a relationship with his ex-partner. (Source: 1News)
"Once you punch through, it's hollow in the middle and the bits of the shell start crumbling into a pile," Mark Corlett, KC, said.
Justice Jonathan Eaton thanked the jury as he discharged them.
"I’ve resolved that rather than give you any further directions and suggest you take more time we’ve reached the stage where it’s appropriate to discharge you from bringing in a verdict on this case at all.
"There will, in all likelihood, be another trial."
Benbow’s lawyer, Mark Corlett KC, told 1News it would be inappropriate to comment on the verdict with the retrial coming up, but said he was “disappointed”.
He said the accused has “held up to it all remarkably well” throughout the trial before declining to make a further statement.
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