Drug house murder accused Benjamin Mitchell released on bail ahead of second trial for the killing of Urim Gjabri

One of five men accused of the bludgeoning murder of an Albanian immigrant at a suburban grow house has been released on bail. And more are expected to follow.

One of five men alleged to have murdered Albanian immigrant Urim Gjabri at a cannabis grow house in Para Vista has been released on bail – with other accused expected to follow.

Benjamin Mitchell, 35, was convicted in 2021 of the murder of Mr Gjabri alongside Alfred Rigney, 46, Matt Tenhoopen, 27, and Aaron Carver, 39, following a trial before a jury in the SA Supreme Court.

Mr Gjabri died from a fatal head wound around 12.30am on October 8, 2018 at a house in Para Vista.

That conviction was overturned earlier this year in a unanimous ruling by the High Court which found the jury had not been instructed properly on the contentious legal principle of constructive murder.

On Friday, Justice Julie McIntyre heard that prosecutors did not oppose Mr Mitchell’s release on home detention bail.

Benjamin John Mitchell will stand trial for the murder of Urim Gjabri in Para Vista in 2018. Picture: Tom Huntley

Rob Walker, prosecuting, told the court Mr Mitchell’s trial was scheduled for next year and it was agreed it was appropriate to release him.

Gilbert Aiken, for Mr Mitchell, said his client had been in jail for several years and noted the High Court had returned a unanimous ruling with all seven justices agreeing to overturn the conviction.

After Mr Gjabri’s body was found, police alleged there was evidence at the house that a significant drug crop had been removed around the time of the assault.

Police further alleged that Mr Gjabri suffered severe blunt force trauma to the head, which did not kill him straight away.

Images posed on social media and released by the court of a stolen drug crop being stripped following the death of Albanian refugee Urim Gjabri. Picture: Supplied

Instead Mr Gjabri staggered to a makeshift bed in the house where he died. His body was not discovered until three days after his death.

In the weeks after the discovery of Mr Gjabri’s body, Major Crime detectives arrested five men who were all known to each other and accused them of going together to rob the house.

The prosecution case at trial was that the five men went to the house to steal the cannabis growing within and one deliberately struck Mr Gjabri to the head.

Mr Tenhoopen, Mr Rigney and Mr Carver remain in custody but it is understood Mr Mitchell’s release could prompt bail applications from the other men.

The fifth man, whose identity is suppressed, has also been charged with murder and remains before the court.