David Charles Benbow, 54, denies killing McGrath in Halswell in 2017.
He pleaded not guilty during a seven-week trial in the High Court at Christchurch earlier this year. No verdict was reached.
Today a retrial began in the High Court.
Proceedings began with Crown prosecutor Barnaby Hawes reading the charge list against Benbow alleging he murdered McGrath on May 22, 2017.
Benbow was then brought into the courtroom.
He then briefly outlined the case, telling them how in 2017 Benbow had recently commenced work as a Corrections officer in Christchurch, having previously been a lines technician for Chorus.
At the time he was in a long-term relationship with his de-facto partner Joanna Green, and had two daughters.
The couple lived at a property on Candy’s Rd, Halswell.
McGrath, then 49, was a builder and also lived in Halswell, on Checketts Ave.
The Crown will allege that Benbow murdered McGrath on May 22, 2017. The Crown case as that McGrath went missing that day, and he’s never been seen or heard from since. His body has not been recovered, Justice Eaton added.
He said Benbow faced trial in February, and a jury did not return a verdict.
He said some jurors may have followed the case, and have some passing memory or even had a particular interest in it.
“Whatever category is okay, what is not okay is to sit on this retrial if you have a knowledge you cannot put completely out of your mind… If you cannot approach this case with a completely open mind.”
Evidence heard at the retrial would not be exactly the same as the first trial, some evidence called at the first trial won’t be called in the second trial, and some evidence is to be called that was not in the first trial, Justice Eaton said.
A jury of six men and six women was then empanelled.
The Crown and Defence will give their opening addresses to the jury on Tuesday.
By Sam Sherwood
