After playing parts of David Benbow's police interviews to the court, the prosecution makes much of his inability to fully account for his movements on the day - and day after - he allegedly murdered Michael McGrath. But the defence underlines one key fact: there is no physical evidence Benbow did anything wrong.
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Episode 4: The burden of proof

In May 2017, 49-year-old builder Michael McGrath disappeared, almost without trace.
No crime scene was ever found.
No weapon was ever found.
No body was ever found.
So how could his longtime friend be arrested and charged with murder?
In February 2023, the trial of David Charles Benbow finally began.
Benbow stood accused of murdering McGrath because he’d started a relationship with Benbow’s former partner, Joanna Green.
The prosecution said that, while based entirely on circumstantial evidence, its case was so comprehensive there could be no doubt Benbow was guilty.
The defence said detectives were biased, working hard to build a case against Benbow after he was identified as a prime suspect - by Green.
Stuff, New Zealand’s award-winning leader in true crime podcasts (Black Hands, The Commune, Gone Fishing) presents The Trial.
Journalists from The Press newsroom in Christchurch spent weeks at the High Court and pored over hundreds of hours of recordings to create a compelling and in-depth insight into New Zealand’s criminal justice system.
Hear the evidence. Follow the twists and turns. Wait - for the verdict.

WARNING: This series contains some strong language and content that may upset some people.
For full written coverage of the trial by The Press, visit stuff.co.nz.
Need more great true crime podcasts? Check out Stuff's full catalogue here.

CREDITS
Scripted, hosted and produced by Michael Wright
Sound design, audio editing and mixing by Connor Scott
Visual design: Kathryn George
Legal checks: Genevieve O'Halloran and Courtney Grenfell
Associate producer: Jen Black
Consulting producer: Adam Dudding
Executive producer: Chris Reed
Special thanks: Kamala Hayman, Martin van Beynen and Jake Kenny from The Press; John Cooper, Tyson Jemmett, Laura Heathcote, Amanda Montgomerie, Philippa Tolley and Candice Robertson.

Society & Culture

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History

Philosophy

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There’s another twist in this trial. Stay subscribed to hear the latest developments.
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Benbow's new legal battle

Almost seven years after murdering his mate Michael McGrath, David Benbow is sentenced for his crime. But not before facing McGrath's loved ones in court, including the third person in the love triangle that prompted Benbow to kill.
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'I despise you': the victims speak

The verdict is in - The Trial is an international hit. We've just received some end-of-year accolades from Apple Podcasts, being named as the #1 True Crime podcast in Australia and New Zealand and the #2 new show overall. We just wanted to say a huge thanks for listening and helping us achieve this recognition. You can read more about it here. The Trial is brought to you from the newsroom of The Press in Christchurch. You can hear more podcasts from The Press and the wider Stuff team here. Stay tuned for season two!
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BONUS: An Exciting Update

After months of evidence from dozens of witnesses across two trials, the jury returns - with a verdict. Michael McGrath's family reacts and Martin Van Beynen offers expert analysis - including what David Benbow might do next.
WARNING: This episode contains discussion of mental health and suicide. If you or anyone you know needs help, free call or text 1737 for assistance from a trained counsellor, 24 hours a day.
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Episode 8: Resolution

With the jury in the original trial unable to reach a verdict, David Charles Benbow finds himself back in the dock. And three key areas of evidence are updated as the prosecution tries once more to secure a conviction.
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Episode 4: The burden of proof

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