New Zealand / Court

David Benbow retrial: Prosecution says he had 'motive', 'means' and 'opportunity' to kill

20:58 pm on 23 August 2023

David Benbow is accused of murdering his childhood friend Michael McGrath. Photo: Stuff / Pool / Iain McGregor

A court has heard former corrections officer David Benbow killed his childhood friend after finding out he had begun a relationship with his ex-partner.

Benbow, 54, is on trial in the High Court at Christchurch for murdering 49-year-old Michael McGrath in 2017.

McGrath was last seen in May 2017, and his body has never been found.

This is the second trial for Benbow, with the jury in the first trial earlier this year unable to reach a verdict.

Crown prosecutor Claire Boshier outlined the prosecution's case on Wednesday, saying Benbow was the only person with the "motive, the means, and the opportunity" to kill McGrath.

Boshier said Benbow was devastated after learning through his daughter that McGrath was seeing his ex-partner of 17 years.

"'I would like to annihilate him'. Those are the words used by the defendant in this trial, Mr David Benbow, about the deceased in this trial Michael McGrath, 20 days before Mr McGrath disappeared," Boshier said.

"'I don't give a f*** what happened to him, it just teaches you not to introduce your partner to another man.' That is what Mr Benbow said about Mr McGrath after his disappearance."

Boshier said the Crown case was that Benbow planned to kill McGrath, and did so on 22 May 2017, at his home in Halswell.

The Crown alleged he then disposed of his body in a way that meant it had never been found.

Benbow's defence will open its case to the jury on Thursday.

The trial under Justice Jonathan Eaton is expected to take around eight weeks, with 120 witnesses to be called.