David Benbow denies killing childhood friend Michael McGrath. Photo / Iain McGregor POOL
A new jury will be selected for the retrial of a former prison guard accused of murdering his friend Michael McGrath, whose body has never been found.
David Charles Benbow, 54, denies killing McGrath in the Christchurch suburb of Halswell in 2017.
He pleaded not guilty during a seven-week trial at the High Court in Christchurch earlier this year. No verdict was reached.
On Monday a retrial began at the High Court in Christchurch before a jury of six men and six women.
However, on Tuesday morning the jury was discharged.
Justice Jonathan Eaton told the jury one of the jurors was sick and was excused for the next two days.
He said the trial could run with 11 jurors, or wait for two days for the juror, but given how long the trial was due to run the “better course” was to stop the trial now and start again with a new jury on Wednesday.
Justice Eaton said the matter was “frustrating for everybody”, but added “it’s the safest course of action”.
The jury was asked to come back on Wednesday. A new jury will be selected on Wednesday.
Sam Sherwood is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the Herald in 2022, and has worked as a journalist for 10 years.
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