A former prison guard jailed for life for murdering his听childhood friend听will be treated just like any other prisoner, Corrections says, but can ask to be voluntarily segregated.听
David Charles Benbow was听jailed for life听with a minimum non-parole period of 17 years on Tuesday for murdering Michael McGrath in the Christchurch suburb of Halswell in May 2017.听
In October, after an earlier hung jury, Benbow was听found guilty in the High Court at Christchurch.听
The Crown听alleged Benbow murdered the 49-year-old听after finding out he was in a relationship with his partner of 17 years, Joanna Green.听
McGrath was supposed to visit Benbow about 9am on May 22, 2017, to help him move some railway sleepers. Benbow said he never showed up, however, the Crown said the sleepers were a 鈥渞use鈥 and that once he arrived Benbow killed him with his .22 rifle and later disposed of his body. McGrath鈥檚 body and the firearm have never been found.听
Meanwhile, the defence said McGrath never showed up and that Benbow was in no better position than anyone to say what happened to him.听
At the time of McGrath鈥檚 murder, Benbow was a prison guard at Christchurch Men鈥檚 Prison.听
A Corrections spokesperson told the听Herald听following sentencing that when it came to prisoners safety was their 鈥渢op priority鈥.听
鈥淲e have policies and operational procedures in place to support the safe, secure and humane management of all prisoners.听
鈥淔ormer Corrections staff members who are sentenced to imprisonment are managed the same way as other prisoners. Like other prisoners, their specific circumstances and level of risk will determine where they are placed, and how they are managed.鈥听
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David Benbow was jailed for life in the High Court at Christchurch on Tuesday for murdering Michael McGrath. Photo / Alden Williams.听
In accordance with the Corrections Act, prisoners can be lawfully denied association with other prisoners if their behaviour presents a risk to the security of the prison, the safety of others, or if it is considered it is necessary to assess or ensure their mental or physical health.听
鈥淧risoners in New Zealand have the ability to request to be placed in voluntary segregation for the purpose of protective custody. This may be due to the prisoner fearing for their own safety or in order to be removed from gang members as they are trying to rehabilitate away from this lifestyle.鈥听
A prisoner can withdraw from voluntary segregation at any time.听
鈥淎 prison director can also direct the prisoner into voluntary protective segregation, without the prisoner requesting it, if they believe the safety of the prisoner has been put at risk by another person; and there is no reasonable way to ensure the safety of the prisoner otherwise than by giving that direction.鈥听
Segregated prisoners are provided with minimum entitlements set out in the Corrections Act.听
鈥淭hey also have regular and ongoing contact with Corrections staff, including our health services staff and mental health professionals as required.鈥听
Christchurch builder Michael Craig McGrath, 49, was last seen at his home in Halswell, Christchurch, in May 2017.听
鈥楥alculated鈥 murder听
At sentencing, Crown prosecutor Barnaby Hawes said the victim impact statements showed the 鈥渄evastating effects鈥 of what happened.听
A key issue for sentencing was whether this case falls into category of murders especially bad that it required a minimum period of imprisonment of at least 17 years without parole. The Crown asked for a minimum period of 19 years in prison.听
鈥淭he murder of Mr McGrath involved calculated and lengthy planning in the way in which he was executed.鈥听
Crown said there was a significant aggravating factor that Benbow must know where McGrath is and what happened to him.听
鈥淢r Benbow could still say even now what occurred.鈥听
Benbow鈥檚 defence lawyer, Kirsten Gray, told the court it was acknowledged that McGrath was a 鈥渕uch-loved brother, son, and friend鈥.听
鈥淏ut on Mr Benbow鈥檚 behalf, he appears before the court to be sentenced in accordance with the jury鈥檚 verdict.听
鈥淗e maintains he did not kill Mr McGrath. But in accordance with the jury鈥檚 verdict, he accepts he will be sentenced to life imprisonment.鈥听
The issue, Gray said, was that the minimum term of imprisonment should be.听
She said the court must consider Benbow鈥檚 personal circumstances. He is 55 years old, with no prior criminal convictions.听
鈥淗e was an engaged and loving father鈥︹ she said.听
Benbow was remanded in custody for more than two years, with considerable delay in trial from his arrest. None of those delays were his fault, she said.听
Gray said that the minimum term of imprisonment should be around 14 years, acknowledging an uplift due to the body not being located.听
Sam Sherwood听is a Christchurch-based reporter who covers crime. He is a senior journalist who joined the听Herald听in 2022, and has worked as a journalist for 10 years.听
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