No new trial for man convicted of killing his wife
Posted June 16, 2013 11:29 am.
This article is more than 5 years old.
SURREY (NEWS1130) – The man convicted in the 2005 murder of his common law wife has lost his bid for a new trial.
Lisa Cubin was strangled the day after her daughter’s third birthday party in Surrey.
Everyone left the party by 9:30 that night and guests say part of the reason was things were so tense between Lisa Cubin and Bradley Benham, who was on parole at the time.
Cubin was found guilty of 2nd degree murder three years later. He’s now serving a life sentence.
There were no witnesses, Benham was convicted on circumstantial evidence.
He appealed, arguing his lawyer made a mistake by advising him not to testify in his own defence.
BC’s highest court is rejecting that appeal. The panel of judges says Benham wasn’t prejudiced in any way by the fact that he wasn’t called to give evidence.