The Trial podcast is back after precedent-setting High Court decision

Stuff is releasing the remaining episodes of The Trial, following the High Court’s refusal of the first take-down application in relation to a podcast.

The podcast series covers the trial of David Charles Benbow, a Christchurch man accused of killing long-time friend Michael McGrath, after he started a relationship with Benbow’s former partner, Joanna Green. McGrath disappeared, almost without trace, in May 2017 and the case finally went to trial in February 2023.

In what was believed to be a Kiwi first, the series, hosted and produced by Press journalist Michael Wright (White Silence, The Long Read), was launched on 29 March, the day the jury began their deliberations. The jurors failed to reach a verdict so a retrial was scheduled.

On 3 April, Benbow’s representatives filed a formal application with the High Court seeking a takedown order in relation to the published and unpublished episodes of the podcast, on the basis that it was likely to create a risk of prejudice to a fair trial.

The Crown supported the application, saying the podcast might influence prospective jurors and that the medium of publication set it apart from other court reporting coverage. 

In releasing his judgment, the trial judge, Justice Jonathan Eaton, said he was not satisfied the podcast was likely to create a real risk of prejudice to Benbow.

Justice Eaton listened to the podcast and said he found it to be “neutral”. He said it strives to present a balanced account of both the Crown and defence cases.

The Trial’s Executive Producer, Chris Reed, says the decision is a win for media who are leaning into the growing demand for audio coverage of news events. 

“We’ve been meticulous in following court reporting rules in our coverage, so we’re delighted that the Court recognised the benefits to balanced, accurate and fair reporting that audio offers. We’re thrilled to be able to release the remaining episodes and give our audience insight into how the trial played out.”

Listen to the newly released episodes above.

The Trial is available on Stuff, Apple Podcasts and Spotify. Visit www.stuff.co.nz/the-press for full written coverage of the case from The Press senior journalist - and Black Hands podcast presenter - Martin van Beynen.