David Benbow's lawyer has told the jury to utterly reject the inadequate case against Benbow because he's innocent of Michael McGrath's murder.
The defence opened on Tuesday, telling the jury the reason police have found little evidence is because there's none to find, and that the Crown case has actually collapsed.
Benbow embraced his mum on Tuesday morning as he entered a better day for him in court.
He may have found five weeks of evidence against him hard to swallow, but today is his turn to fight back, although not by taking the stand.
Benbow's lawyer Marc Corlett told the court "the defendant will give no evidence".
Corlett said most of the Crown case against his client is woeful because what it shows is thousands of hours of police enquiries that yielded very little evidence.
"Maybe, just maybe Mr McGrath stood on a tarpaulin while maybe, just maybe, Mr Benbow shot him with a shot to the head," he said.
"We spend 8000 hours looking at the dump but maybe, just maybe, we were looking in the wrong place. We spend days searching the Halswell River but maybe, just maybe if we'd got there a year earlier, we might have found something."
He also told the jury a key Crown witness's change in evidence this morning actually collapses the Crown's case.
Corlett told the Court "the whole theory has collapsed as of Tuesday last week, when Ms Mace figured out that she was wrong".
Mace has previously given evidence about power usage at McGrath's house on the morning in question but she came back to court today saying the spike in power was actually later on.
Meanwhile the defence said that means while Benbow was meant to be killing McGrath, McGrath was actually home eating breakfast.
The defence put this to the detective in charge of the case earlier today.
"He can't possibly be in two places at once, would you agree?" Corlett asked.
A police officer replied: "I don't agree that the power consumption alone can clearly determine occupancy."
The defence replied, "I'm not interested, detective, in your view."
But he was interested in emphasising this point to the jury.
Corlett continued, saying "the entire premise of the Crown case was flawed" because Benbow "can't be in two places at the same time".
"If he was there making breakfast, he certainly wasn't in the car driving down the road to Mr Benbow's," he told the jury.
The defence said their evidence of two to three days will show Benbow is innocent of murder.
