九一星空无限

ZB ZB
Opinion
Live now
Start time
Playing for
End time
Listen live
Up next
ZB

No body, no weapon: Who killed Mike McGrath? Friend stands trial for murder

Author
Kurt Bayer, NZ Herald,
Publish Date
Tue, 14 Feb 2023, 12:57pm
David Charles Benbow denies murdering Michael McGrath and is standing trial at the High Court in Christchurch. Photo / Kai Schwoerer, Stuff, Pool
David Charles Benbow denies murdering Michael McGrath and is standing trial at the High Court in Christchurch. Photo / Kai Schwoerer, Stuff, Pool

No body, no weapon: Who killed Mike McGrath? Friend stands trial for murder

Author
Kurt Bayer, NZ Herald,
Publish Date
Tue, 14 Feb 2023, 12:57pm

A prison officer murdered an old school friend just weeks after finding out he was seeing his ex-partner and telling a counsellor he wanted to 鈥渁nnihilate鈥 him, a court heard today.

David Charles Benbow, 54, denies killing Christchurch builder Michael McGrath, who disappeared from his home in the city suburb of Halswell on May 22, 2017.

His body has never been found 鈥 nor has a murder weapon - despite vast Canterbury-wide police searches that included officers scouring an enormous landfill site.

Benbow was arrested in September 2019 and has always professed his innocence.

Today, at the High Court in Christchurch, a seven-week murder trial began before a jury of seven men and five women.

The Crown is giving an opening address which outlines its case against Benbow, alleging that he spent days plotting how to 鈥渁nnihilate鈥 McGrath.

Benbow had the motive, means and opportunity to kill McGrath, Crown prosecutor Claire Boshier told the court.

Christchurch builder Michael Craig McGrath, 49, was last seen at his home in Halswell, Christchurch in May 2017. Photo / Supplied

Christchurch builder Michael Craig McGrath, 49, was last seen at his home in Halswell, Christchurch in May 2017. Photo / Supplied

He had been devastated when learning that Joanna Green, his partner of 17 years, had taken their two children and left earlier in 2017.

And when one of his children had told him they had seen Green kissing McGrath on April 30, his 鈥渨orld changed鈥.

Two days later, after calling in sick at Christchurch Men鈥檚 Prison, Benbow visited a counsellor to speak about his break-up, saying he was lost and lonely.

He said his health was deteriorating and couldn鈥檛 sleep or eat.

Benbow, the Crown says, also spoke about the assets he鈥檇 had with Green, including three rental properties, and that he felt 鈥渟hafted鈥 - something the counsellor had underlined in her notes.

He also allegedly told that one of his mates was seeing Green now and that he wanted to 鈥渁nnihilate鈥 him.

Over the summer of 2016/17, Benbow had hired his mate McGrath 鈥 a carpenter who did cash jobs for friends and through word-of-mouth - to build a large new deck at their Candys Rd family home.

It was a big job that the meticulous and exacting builder took months to complete.

Later, Benbow would say to friends that he suspected something was going on between McGrath and Green while he was away training to become a Corrections officer.

The Crown alleges that, after finding out about the relationship, he planned to kill McGrath.

Crown prosecutor Claire Boshier gave an opening address outlining the Crown case against David Charles Benbow who denies murder. Photo / Kai Schwoerer, Press, Pool

Crown prosecutor Claire Boshier gave an opening address outlining the Crown case against David Charles Benbow who denies murder. Photo / Kai Schwoerer, Press, Pool

It is alleged that Benbow turned off the CCTV at his Candys Rd property 鈥 something he was obsessed with, Boshier says 鈥 so that his comings and goings in the weeks he was 鈥渇inalising his plan鈥 were not recorded.

The Crown case is that Benbow saw McGrath on Sunday night, May 21 2017 and asked if he could come over the following morning to help move some railway sleepers at his Candys Rd property.

Benbow would later tell police that he never showed up.

But the Crown says CCTV cameras 鈥 and a witness 鈥 shows that McGrath did keep his word that day and showed up around 9am.

Benbow was late for a 10am counselling appointment in Riccarton, the Crown alleges.

鈥淓xactly what he did in that hour when he murdered Mr McGrath is not known,鈥 Boshier told the court today.

What is known, the Crown says, is that Benbow鈥檚 firearm which he said was secured in his roof space is missing.

The Crown alleges that on his way back from his counselling session, Benbow bought a packet of grass seed 鈥 along with more petrol.

And when police examined Candys Rd, parts of the lawn around the deck area had been dug out and fresh grass seed sown despite it being nearly winter, the Crown says.

It was a place he had 鈥渟elected carefully鈥 and had time to prepare, Boshier told the jury.

McGrath's Checketts Ave house was well examined by police after his disappearance. Photo / Kurt Bayer

McGrath's Checketts Ave house was well examined by police after his disappearance. Photo / Kurt Bayer

Massive searches for McGrath around waterways around Halswell were conducted by police 鈥 along with the Kate Valley landfill site 鈥 but his body has never been found.

McGrath鈥檚 bank accounts have not been touched since his disappearance.

Benbow hardly used his cellphone on May 21, 22, and 23 2017, the Crown says.

But Boshier highlighted a couple of 鈥渋nteresting鈥 internet searches, including on May 21 鈥渨hat are the organs of the human body鈥 and, later, a search for聽a map of the Lincoln area.

While the Crown accepts there is no body, no murder weapon, and little forensic evidence in the case, it says there is a strong circumstantial case consisting of many threads that, when taken together, show Benbow is guilty of McGrath鈥檚 murder beyond reasonable doubt.

Benbow is being represented by a four-strong legal team led by Marc Corlett KC, assisted by Kirsten Gray, Kathy Basire and Kris Bucher.

The trial, before Justice Jonathan Eaton, continues and is expected call around 130 witnesses and last up to seven weeks.

Take your Radio, Podcasts and Music with you