David Benbow. Photo: Stuff / Pool / Iain McGregor
The jury in the second trial of a Christchurch man accused of killing a childhood friend has been discharged, and a new jury is to be selected tomorrow.
This is the second trial for 54-year-old David Benbow, who is accused of murdering Michael McGrath in 2017, with the jury in the first trial unable to reach a verdict.
Michael McGrath. Photo: NZ Police
Today Justice Jonathan Eaton told the jury that one of their number was unwell, and would not be able to return until at least Thursday.
He said the trial could continue with 11 jurors, or even ten, "but the reality is with long trials sometimes things happen with a juror, which means they are absolutely unavailable and have to be discharged".
"... So if at the very outset of a trial we are not sure when or if that (unwell) juror is going to be available again then the lawyers are in agreement that I should be reluctant to continue with 11".
He said because they were at such an early stage of the trial he and the lawyers agreed the safest option was to stop the trial, discharge this jury and select a new jury.
The trial only started yesterday and is expected to take up to eight weeks.
Justice Eaton said it was frustrating for all, and may feel like Groundhog Day for those who are re-selected for the jury tomorrow.