Benjamin Field: Churchwarden convicted of ‘gaslighting’ murder that inspired BBC drama launches fresh bid for freedom
A churchwarden convicted of “gaslighting” and then murdering a writer in a bid to inherit his fortune has launched a new bid for freedom, claiming he “simply did not commit” the crime.
Benjamin Field, 35, admitted being a “snake talker” who tricked Peter Farquhar, 69, into changing his will and into a fake relationship (the case later inspired a BBC TV series starring Timothy Spall), but denied killing him.
Mr Farquhar was found dead at his home in the Buckinghamshire village of Maids Moreton in October 2015, with a bottle of 60-proof whiskey next to him.
Field was accused of giving Mr Farquhar alcohol and/or sleeping pills called Dalmane, causing him to suffer what appeared to be an “alcoholic death” and inheriting Field’s fortune.
He was convicted at Oxford Crown Court in August 2019 and sentenced to life imprisonment to serve a minimum of 36 years behind bars before he can apply for parole.
The case later became the subject of a four-part 2023 BBC series called ‘The Sixth Commandment’, starring actor Timothy Spall as Mr Farquhar.
However, Field appeared in court today after his case was referred to the Court of Appeal by the Criminal Cases Review Commission (CCRC) on the grounds that his conviction was arguably “unsafe”.
He appeared at the London court via a video link from Durham’s HMP Frankland, bearded, wearing glasses and wearing a gray T-shirt, while taking notes on a piece of paper.
His lawyers, led by David Jeremy KC, argued that the trial judge, Mr Justice Sweeney, misled the jury about how they should assess whether Field was guilty, leading to his conviction for a murder he “simply did not commit”.
He said the cause of Mr Farquhar’s death was “consumption of whiskey and/or Dalmane” and that the prosecution found there was no evidence that substances supplied by Field had caused the ingestion rather than a “voluntary” act on the part of the deceased.
But the prosecution is appealing the appeal and is calling on three senior judges, led by Judge Edis, to rule that the conviction is indeed safe and ensure Field is not released.
During the trial of the case, the crown court heard university lecturer Mr Farquhar was tricked into a fake relationship and even had an “engagement” ceremony with Field.
The court heard Field carried out a sustained “gaslighting” scheme aimed at making Mr Farquhar question his sanity, while giving him sleeping pills and alcohol as he tried to avoid it.
Mr Farquhar’s lifeless body was found at his home in October 2015. An initial autopsy revealed that his death was caused by alcohol, but it was later determined that he also had a sleeping pill in his bloodstream, which should not be taken with alcohol.
Before his death, the Buckingham University lecturer had published three novels and even dedicated the last book to Field, who continued to deliver the eulogy at his funeral.
Field first appealed his conviction in 2021 and his bid to reopen the appeal was unsuccessful before being rejected by the Court of Appeal in 2022. This was followed by appeals to the High Court before the CCRC became involved and sent the case back to the appeal judges for a hearing this week.
The appeal revolves around a complex legal issue over how the trial judge directed the jury on how to assess the “causality” of Mr Farquhar’s death.
Mr Jeremy, for Field, said the judge’s instructions were wrong because they did not require the jury to decide whether Mr Farquhar caused him to drink the whiskey or to take Dalmane.
The “proximate cause” of Mr Farquhar’s death was that he “ingested” whiskey and/or Dalmane, “not that she administered these substances to him”, the barrister said.
“To cause Mr Farquhar to drink whiskey and/or Dalmane, Field would have had to force or threaten Mr Farquhar to do so, or deceive him as to what he was eating,” he continued.
“Was there evidence that Field caused her to drink whiskey and/or Dalmane that night and that this was not entirely voluntary? The answer to that question is ‘no’.”
“Giving Mr Farquhar whiskey and/or Dalmane could not have caused him to swallow Field any more than it could have caused Mr Farquhar to drive his car if Field had given him the car keys.”
He continued: “The prosecution failed to correctly identify the act that caused Mr Farquhar’s death and therefore, as a result, failed to establish what the prosecution had to prove.
“Everything that went wrong in the case stemmed from this failure. It misled the jury.
“As a result, Field was found guilty of causing Mr Farquhar’s death with whiskey and/or Dalmane, even though the evidence did not prove that he had done so.
“He was convicted of something based on evidence that he didn’t do it.”
He said it was “impossible” that Field caused Mr Farquhar to “intimidate” the substances simply by giving them to him.
The prosecution, led by lead counsel David Perry KC, is appealing the appeal, arguing the jury was entitled to find that Field’s supply of the substance initiated a “chain of causation” that resulted in the older man’s death.
The court heard the prosecution argued that once the “chain of causation” began, the only issue for the jury was whether the ingestion was “voluntary”, so the chain was broken, leading to a not guilty verdict.
The judges are expected to postpone their decision on the appeal to a later date.
