Michael McGrath murder trial: Jury struggling to reach unanimous decision, judge allows majority verdict

The judge in the David Benbow murder trial has allowed the jury to reach a majority verdict after they indicated they were struggling to settle on a unanimous decision. 

The judge made the announcement on Monday morning as deliberations continued into a fourth day.  This means the jury can now reach a verdict if 11 people (out of 12) can agree.

If the jury can still not reach a unanimous verdict or a majority verdict, the judge may declare a 'hung jury'. When this happens, there may be a new trial with a new panel of jurors.

The jury began deliberations into whether Benbow murdered Christchurch man Michael McGrath last Wednesday but since then no verdict has been reached. 

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