Defence outlines case in retrial of man accused of murdering friend

David Benbow and Michael McGrath

The defence has this morning outlined its case in the retrial of David Benbow, who stands accused of murdering his friend Michael McGrath.

The retrial began this week in the High Court at Christchurch.

McGrath went missing six years ago — his body and a weapon have never been found, with the Crown case based on circumstantial evidence.

Today defence counsel Kathy Besire told the jury police have not found any evidence a crime has been committed.

"David Benbow does not know what happened to Michael McGrath. It could be suicide, an accident, deliberately doesn't want to be found or the subject of foul play by persons unknown," Besire said.

Earlier the Crown summarised its case and outlined the evidence it plans to present.

A jury of six men and six women will sit through the case which is expected to take around eight weeks, before it retires to consider its verdict.

Simon McGrath, Michael McGrath's younger brother, is the first Crown witness to be called this morning as the evidence stage of the trial now begins.

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