Damien Bendall trial: High Court judge considers further adjournment

A High Court judge presiding over the case of Damien Bendall – the man accused of murdering a woman and three children in Killamarsh – is hearing legal arguments over adjourning his trial for a third time.
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Mr Justice Sweeney was told this morning by Bendall’s defence team how various tests forming an important part of the defendant’s case had still not been completed.

He told Vanessa Marshall KC, who represents Bendall: “The families of the deceased deserve to understand why we’re effectively no further forward.”

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The case - which has now been adjourned three times – was first listed for trial in March, however it was adjourned until May and further adjourned until today.

Damien Bendall is accused of murdering a woman and three children in Killamarsh. Image: SWNSDamien Bendall is accused of murdering a woman and three children in Killamarsh. Image: SWNS
Damien Bendall is accused of murdering a woman and three children in Killamarsh. Image: SWNS

Bendall, 32, is accused of raping and murdering 11-year-old Lacey Bennett, killing her brother John, 13, and Lacey's friend Connie Gent, 11.

He is also said to have murdered his partner Terri Harris, 35, who was mum to Lacey and John at their home on Chandos Crescent, Killamarsh, in September last year.

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This morning Derby Crown Court heard how arrangements for medical scans and other procedures had been held-up due to logistical and potential “aftercare” difficulties at Wakefield Prison – where Bendall remains on remand.

The scene at Chandos Crescent in Killamarsh. Picture: Scott MerryleesThe scene at Chandos Crescent in Killamarsh. Picture: Scott Merrylees
The scene at Chandos Crescent in Killamarsh. Picture: Scott Merrylees
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A hospital refused to carry out a scan required by the defence due to concerns about the safety of the procedure and another important procedure was further cancelled several times due to a senior hospital consultant being unavailable.

Bendall’s barrister Ms Marshall told the judge: “Everything that could have gone wrong has gone wrong despite the Herculean efforts of my instructing solicitor.”

The adjournment application hearing continues at Derby Crown Court this afternoon.