Michael McGrath disappearance: Hung jury in David Benbow murder trial

The jury has failed to reach a verdict over whether David Benbow murdered Christchurch man Michael McGrath.

The trial has been taking place at the High Court in Christchurch since February after the Crown alleged Benbow killed Michael McGrath out of jealousy and anger

But Benbow's lawyers painted a picture of McGrath as someone who lived outside of societal norms and who suffered from anxiety and depression. 

During the six-week trial, multiple people took the stand and told jurors of the relationship between Benbow and McGrath. The jury also saw a video showing Benbow had changed his clothes three times on the day the Crown alleged he murdered McGrath.

Earlier on Monday, as deliberations continued into a fourth day, the judge allowed jurors to reach a majority verdict after they indicated they were struggling to settle on a unanimous decision.

Now a hung jury has been declared, there may be a new trial with a new panel of jurors.

'Jealousy and anger'

Before he went missing, McGrath had started seeing Benbow's ex-partner of 17 years, Joanna Green.

In May 2017, McGrath disappeared. His body has never been found.

Benbow was charged with McGrath's murder in 2019, despite no weapon being located. 

Green, who gave evidence in the murder trial, said she was friends with McGrath for many years and met him through Benbow.

But Green said it was only after she left Benbow she started a romantic relationship with McGrath.

In the weeks before McGrath went missing, the High Court heard Benbow was angry, ranting and behaving strangely.

Ultimately, the Crown argued it was jealousy and anger that motivated Benbow. That he was depressed, angry and wanted revenge. Killing Michael McGrath was a crime of passion. 

The defence, though, said the Crown's case was a disaster, mostly because of a key witness changing her evidence part way through the trial which they said showed McGrath was at home at the time the Crown said he was at Benbow's, being killed. His lawyers told the jury Benbow was a big softy and a teddy bear.