How a Christchurch killer’s texts to a journalist went to trial

On Tuesday, David Charles Benbow shall be sentenced for murdering his childhood good friend Michael McGrath almost seven years after he disappeared. Herald senior crime reporter Sam Sherwood studies on how a collection of textual content messages from a person who known as himself “Nigel” led to him being known as as a Crown witness in a homicide trial.

“Howdy, Sam. You inquired a few witch-hunt of good friend of mine,” the dialog started shortly after I arrived dwelling from work.

Taking a look at my cellphone, I knew immediately that the message from the unknown quantity associated to an strategy I’d made two days earlier to David Benbow.

It was almost 300 days since his childhood good friend Michael McGrath went lacking and Benbow had simply put his household dwelling on Sweet’s Rd up on the market a second time.

He’d tried promoting it a number of months earlier with one other actual property agent, however following media protection of the itemizing, they determined to drag out because it was “an excessive amount of trouble”.

McGrath had carried out some work on the property, serving to Benbow work on a deck and in addition making a playhouse for his youngsters.

McGrath’s disappearance on Might 22, 2017 made nationwide headlines, with a number of police press conferences being held as detectives appealed for sightings of the 49-year-old.

Nonetheless, thus far, Benbow, whom police mentioned was a “individual of curiosity”, was but to make any public remark other than telling a reporter from the Press he was the sufferer of a witch-hunt.

I had spent many hours searching for one other solution to contact Benbow. I couldn’t discover a Fb account, and he was not within the cellphone e book. I had tried calling his mum however she didn’t need to remark.

It was not till March 2018, when his home was listed on the market a second time, that I obtained what I used to be after. I went on-line and the true property company had uploaded a number of paperwork associated to the home. As I scanned the paperwork, I noticed one which included Benbow’s cellphone quantity. Lastly, I had an avenue by means of which I might talk with him.

I wasn’t beneath any impression he would conform to an hour-long interview however felt it was vital, given I used to be intending on writing a narrative, that I give him an opportunity to remark.

I known as on March 14, the cellphone rang and Benbow answered. He wasn’t all for speaking.

I then despatched him a textual content saying I needed to present him the chance to speak about how the final 300 days had been for him. I mentioned I had some questions for him, together with how he believed he was the sufferer of a “witch-hunt”.

I obtained no response and thought that was the top of it.

Then, two days afterward March 16, 2018, I acquired the primary message from an unknown quantity.

One other textual content adopted saying Joanna Inexperienced, Benbow’s ex-partner, had “triggered the investigation”. They claimed Inexperienced had a “persistent ingesting drawback”.

“Confirmed is in new relationship with Michael,” they mentioned earlier than alleging Inexperienced “might be violent on events”.

I requested who I used to be chatting with, and so they mentioned their identify was Nigel. I used to be instantly suspicious about who was actually behind the texts – at the back of my thoughts, I puzzled, ‘What’s this man, whom I consider to be Benbow, going to inform me? Will he slip up?’

“The police have by no means searched her rental home… or her automobile,” the messages continued.

“She is an individual of curiosity, however you don’t put her picture within the press and occupation.”

I requested Nigel whether or not Benbow could be comfortable to talk to me, hoping I’d lastly get an interview with him. Nigel mentioned he would ask him the following day.

I informed Nigel that on the time I used to be not in possession of a photograph of Inexperienced, which was why we had not printed any.

“As a result of your 1 dimensional eg witchhunt, getting the thought now [sic],” Nigel mentioned. The phrase witch-hunt, which by now Nigel had used twice, piqued my suspicions additional, given it was the time period I had utilized in my textual content to Benbow.

He then informed me to go to Inexperienced’s office the next Monday morning to get a photograph of her, supplying her quantity plate to make it simpler to seek out her.

I then requested Nigel how his good good friend was coping, hoping I’d be capable of use these feedback later down the monitor if I had been ever capable of verify Benbow was behind the cellphone quantity.

“Ask your self the query. David has had his life turned upside-down, all of the press protection, 300 days of no proof. I don’t assume David is that intelligent. However I guess you publish one other article within the morning.”

Nigel then tells me two younger women had been sitting within the gutter reverse McGrath’s home within the early hours of the morning over the interval in query, which was reported by a neighbour however had not been talked about.

“A commotion and loud voices reported about 2.45am over that interval by three neighbours. One neighbour witnessed a car driving off. It wasn’t David’s car and he wasn’t current. However the police nonetheless promoted his car on [Police Ten 7].”

Eager to see what extra “Nigel” would inform me, I requested why he thought police had been treating Benbow the best way they had been and whether or not he thought McGrath was nonetheless alive.

“It’s not simply the police, take a look at the best way you might be treating David. As outlined, they haven’t appeared exterior the field and explored all different choices. One would presume very important proof has now been misplaced if something untoward has occurred to McGrath.”

I replied it have to be exhausting for Benbow not understanding what occurred, contemplating they had been “good associates”.

“They had been good associates and he hasn’t been given an opportunity to grieve over a lacking good friend. Additionally, data circulating [suggests] Michael McGrath [was] not an entire angel as displayed,” he replied.

I requested what kind of data he was referring to, and Nigel replied: “Possibly [we’ll] speak subsequent week. You’ve got sufficient to go on for now. See what you ship. Cheers, Nigel.”

I saved the quantity in my cellphone as “Benbow’s good friend” and despatched three extra texts to Nigel with questions, however I by no means heard again.

I additionally texted Benbow on March 21, saying I had been speaking to “Nigel”, and needed to see if he needed to speak. There was no response.

After a few week, I knowledgeable the officer accountable for the case on the time concerning the messages, believing I used to be probably speaking to Benbow and that he was utilizing a cellphone quantity that might not be recognized to police, considering it is perhaps of use.

Almost 5 years on, I sat within the Excessive Court docket at Christchurch studying the messages in open courtroom. Requested by the Crown why I used to be assured I used to be chatting with Benbow, I mentioned the time period “witch-hunt” and the quantity of knowledge the individual had about Inexperienced’s automobile and when she left work had piqued my suspicions.

After I left the courtroom, a police officer gave proof about how police had been capable of establish the Sim card for the quantity belonging to “Nigel” that had been utilized in Benbow’s cellphone.

It additionally emerged Benbow truly admitted to sending me the textual content messages. Nonetheless, the precise cause why stays unknown.

The trial ended with the jury unable to achieve a verdict and a retrial was ordered.

A couple of week earlier than the retrial, I used to be suggested by police that the defence had opposed the admissibility of my proof and that the choose had dominated of their favour, that means I’d not be known as for the second trial.

Benbow’s defence argued the jury might discover him utilizing the alias Nigel and a brand new Sim card was “uncommon conduct”, and gave threat the jury would draw an “hostile inference” as to his character.

They believed such an inference could be incorrect and unfair as Benbow was “merely responding to persistent media requests that he touch upon the police investigation”.

Alternatively, the defence instructed the textual content messages may very well be admitted as proof, however that the Crown shouldn’t be allowed to say that Benbow used a false identify and a brand new Sim card.

In reply, the Crown mentioned the proof was one other strand of its circumstantial case.

They mentioned that in referring to “grieving”, a jury could be entitled to deduce Benbow knew McGrath was lifeless somewhat than lacking.

Additionally they argued that the “disparaging feedback” about Inexperienced had been “probative of guilt” and mirrored an try by Benbow to distance himself from the police investigation.

Justice Jonathan Eaton didn’t settle for the Crown’s arguments and mentioned the actual fact Benbow used an alias and a unique cellphone quantity was of “low probative worth”.

“While I don’t contemplate the proof would have a major prejudicial impact on the proceedings, it’s prone to lead the jury to contemplate Mr Benbow’s behaviour to have been odd.

“There’s a threat the jury would equate odd behaviour with guilt. That will give rise to unfair prejudice.”

In the long run, it didn’t matter. Benbow was convicted of McGrath’s homicide.

On Tuesday, he shall be sentenced within the Excessive Court docket at Christchurch.

McGrath’s brother, Simon McGrath, informed the Herald he believed the messages had been “one other stage of deception”.

“Why would a so-called harmless individual do this? It’s fairly bizarre behaviour… to go to that stage of deception, assuming a good friend was supporting him. Most individuals, in the event that they’re harmless, will simply textual content from their very own cellphone or offer you a name.

“It’s simply one other line of deception.”