Jailed for life for friend’s murder
Victim was the ‘ultimate perfectionist’, hard-working, dependable and reliable
Aformer prison guard has been jailed for life with a minimum non-parole period of 17 years for murdering his childhood friend Michael McGrath while continuing to deny his involvement.
David Benbow, 54, denied killing McGrath in the Christchurch suburb of Halswell in 2017.
In October, after an earlier hung jury, Benbow was found guilty in the High Court at Christchurch.
The Crown alleged Benbow murdered the 49-year-old after finding out he was in a relationship with his partner of 17 years, Joanna Green.
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, but the Crown said the sleepers were a “ruse” and that once he arrived Benbow killed him with his .22 rifle and later disposed of his body. McGrath’s body and the firearm have never been found.
Meanwhile, the defence said McGrath never showed up and that Benbow was in no better position than anyone to say what happened to him.
Yesterday, Benbow was sentenced in the High Court at Christchurch by Justice Jonathan Eaton.
Sentencing began with victim impact statements being read to the court. Benbow sat in the dock and did not look at the people as they read their statements.
McGrath’s brother, Simon McGrath, began by thanking the police — for their “support, determination and commitment”, which allowed them their day in court — as well as the Crown prosecutors.
“When I think about the last six years or so, I am still left astonished and completely bewildered as to the events that began to unfold on 22 May, 2017. Prior to this time, the word murder was only something that happened to other people, and whom I had no particular affiliation with.”
Michael was one day short of a year older than Simon McGrath. Simon McGrath said he often thinks about the times they grew up together as children, the games of cricket they played in the yard, swimming at the local pool, and then later the touch rugby teams they were in.
“I remember his laughter and the social beers we would often have together, and with our friends; the things we did in the great outdoors — tramping and cycling; the plans he would hatch and turn into reality.”
McGrath was the “ultimate perfectionist”, hard-working, dependable and reliable.
He told the court about the evening of May 23, 2017, when he arrived at his mother’s home for the weekly Tuesday dinner.
“All seemed well, apart from Michael’s car not being up the drive . . . However, shortly afterwards, a call to my mother from Joanna Green would change the course of our lives forever.”
Simon went with Green to his brother’s home, entered through the toilet window and searched for any sign of life.
“My anxiety levels quickly escalated once I witnessed that both his bicycles and car were still at home, and he was nowhere to be seen. I thought ‘something is not right here, this feels very bad’.”
Later that night he thought about Benbow, telling himself, “surely, he wouldn’t have, maybe he has”.
He also spoke of the “harrowing, endless searching” he did for his brother, much in “previously unknown territory”.
“I would arrive at my destination, sometimes with friends, other times alone, then the enormity of what I was undertaking struck me. I would say ‘I can’t believe I am actually doing this, I am searching for the body of my brother; there is no coming back from this’.”
He then addressed Benbow.
“To the perpetrator of this horrendous act; the scheming, planning, and premeditation is beyond belief.
“Clearly you have little remorse, and your actions to date prove this beyond any reasonable doubt.”
Simon McGrath asked the court to consider the “magnitude and impact of this horrific crime”.
“The convicted has displayed disturbing levels of manipulation and premeditation to bring about the execution of my brother. Then quietly and meticulously has set about the cover-up — it cannot be understated.”
Joanna Green told the court about leaving the “toxic relationship” with Benbow.
Then on May 23, 2017, having her “worst fear confirmed”.
“I feared you, for my life and our daughters’ lives and our families’ lives.
“I showered in the dark, walked around my home in the dark. Installed cameras and [a] personal alarm system.”
Only once Benbow was in prison did she feel some form of safety.
One of their daughters blamed herself for telling him she had seen Mum and Mike kissing.
She said McGrath “adored” their children.
“I had always adored and respected Michael. Finding out he felt the same, going from friends to nextlevel relationship was magic. You took Michael Craig McGrath from me.”
She would now allow herself to grieve for McGrath.
“We weren’t perfect but we were perfect together.”
She said the murder was “heinous”. “You’ve caused so much sadness, pain, and disbelief,” she said. “I despise you, but you will always be [our daughters’] father.”
Crown prosecutor Barnaby Hawes said a key issue for sentencing was whether this case falls into the 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, saying there was a significant aggravating factor that Benbow must know where McGrath is and what happened to him.
“Mr Benbow could still say even now what occurred.”
Benbow’s defence lawyer, Kirsten Gray, told the court it was acknowledged that McGrath was a “muchloved brother, son, and friend”.
“He maintains he did not kill Mr McGrath. But in accordance with the jury’s verdict, he accepts he will be sentenced to life imprisonment.”
The issue, Gray said, was what the minimum term of imprisonment should be.
Justice Eaton said the murder was “both meticulous but also fortuitous”.
He said Benbow was not willing to stand by and watch McGrath’s relationship with Green and his children. The murder was an “executionstyle killing”, he said, with the level of planning and premeditation standing out.
When I think about the last six years or so, I am still left astonished and completely bewildered as to the events that began to unfold on 22 May, 2017. Prior to this time, the word murder was only something that happened to other people . . .
Simon McGrath, Michael’s brother