‘Even my sister thinks I did it,’ says man accused of murdering Christchurch builder

A man accused of murdering missing carpenter Michael McGrath told friends even his sister thought he was guilty, but police should look elsewhere to solve the case.

David Charles Benbow, 54, is on trial in the High Court in Christchurch for murdering his childhood friend McGrath, 49, on May 22, 2017.

It’s alleged he shot McGrath after inviting him to his house at Candys Ave, Halswell, to help with shifting railway sleepers. The weapon and McGrath’s body have never been found. McGrath and Benbow’s former partner Joanne Green had started a relationship to which Benbow had been alerted by his daughter seeing Green and McGrath kissing.

The second week of the trial has focused on Benbow’s state of mind after Green left him on March 3, 2017, and he became a suspect. Benbow was, as all witnesses agreed, a loving father, and was distressed at not seeing his children after the acrimonious split.

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Evidence has also focused on whether McGrath, who was treated for anxiety and depression between 2010 and 2013 and was on a sickness benefit when he disappeared, could have walked off and taken his own life, his body never to be found. He did mainly cash jobs for friends and hid the money behind his power points. He had over $200,000 in the bank and owned his own house.

Benbow, who had been McGrath’s best friend, became a suspect days after McGrath went missing and police set up a homicide inquiry. Some of his friends stopped contact with him, but some supported him. One friend asked him, “did you whack him?” Benbow had said he hadn’t touched McGrath.

Andy Barnes, who was friendly with Benbow through neighbourhood barbecues and their children, said Benbow popped in to see him and his wife Pamela on occasion after police had finished searching his property around June 10.

Barnes said he called in to see Benbow to check on him and he looked a bit stressed. He talked about being questioned by the police and said they had been antagonising.

Asked if he needed a hand cleaning up, Benbow said the only major problem was batts over the top of his garage that were all over the place.

“He said, ‘I told the police I keep my gun on a couple of nails when you go through the hatch”. I didn’t question him further.”

To questions from defence counsel, Barnes agreed Benbow’s life was being turned upside down and he was under intense pressure.

“It was the talk of Halswell…he was fishing to see what we thought and he came up with the statement that even my sister thinks I’m guilty…”

Benbow had also said “police aren’t going to solve anything if they focus on me”, Barnes said.

Benbow had decided to train as a Corrections officer because he was working 70-hour weeks and was always on call. He wanted to spend more time with his family.

Barnes’s wife Pamela Barnes also gave evidence saying that during Benbow’s visits she was struck by the fact Benbow didn’t seem to appreciate the gravity of the situation. He was a lot more focused on his children and “what Green was putting him through”.

“He was flat…he was the leading suspect … he didn’t seem like he had a major life issue going on. He was just matter of fact. He didn’t say he didn’t do it. It was just not the expected reaction…”

Her husband had suggested he must be quite worried about McGrath, given they were old friends.

Benbow, she said, became quite animated and shouted: “I don’t give a f… about him. It just teaches you not to introduce your partner to another man.”

It was a burst of emotion that was in contrast to his previous demeanour. She and her husband had also asked him why police were searching his septic tank.

Benbow said his former partner Joanna Green had told police about an argument they had in which he said he would cut her into pieces and put her in the septic tank if “she had an affair on him”.

Benbow had also said he told Green he would bury her in her car where nobody would ever find her.

“He was giggling about it. I thought it was strange,” Barnes said.

In cross-examination by defence counsel Kirsten Gray, Barnes said she started paying particular attention to what Benbow was saying after he became a suspect.

She had told police if he said anything they should know about, she would relay the information.

When he made the comment, he chuckled and was laughing as the police were searching the septic tank because of something Green had said.

“To be honest I think he found that part quite funny. I thought it was an odd thing…it seemed quite detailed.’’

The trial before Justice Jonathan Eaton continues on Monday.