David Benbow has been sentenced to life in prison, with a minimum non-parole period of 17 years, for the "execution-style" murder of his friend Michael McGrath in 2017, as the mother of the killer's two girls told him she despised him.
The 55-year-old former prison guard has - through a six-year police investigation and first trial where a jury was unable to reach a verdict - always denied killing his friend and hiding the body.
After his retrial, held over seven weeks last year, the second jury had no doubt, finding him guilty of the 49-year-old builder's murder.
The charge was proven with no body, no murder weapon and no forensic evidence of any kind. No blood was ever found by police.
The Crown case was that Benbow turned on his friend because McGrath started dating his ex-partner Jo Green.
At one point, just 20 days before the murder, he told a counsellor he wanted to “annihilate” him.
Green, Benbow’s ex-partner, told the court she feared for her own life after Michael went missing.
“Only when you are under lock and key in a prison facility do I feel some kind of safe.”
She told her ex-partner one of their two daughters feels guilty for telling him she saw McGrath kissing her.
Green had her lover McGrath's photo in front of her as she spoke in court today.
"Mike has had a huge positive impact on my life in the 17 years we were friends. Finding out he felt the same, going to the next level in our relationship was magic. Our new relationship was honest, respectful and passionate.
"I will now allow myself to grieve for Michael. My talented, lovely, lovely man. Separately we weren’t perfect but together he said he could see the old me come back to life.
"I just wish Mike was still here. He’d kiss me on the forehead and say f****** well done JoJo."
Referring to Benbow she said: "You have caused so much pain and disbelief too for so many people …I despise you."
Michael’s mother Adrienne became very emotional and was supported as she read her victim impact through tears.
“Losing a child is the worst pain. When I realised Michael was missing, that memory will haunt me forever.
"I find it hard to believe he will never come home. I think about him on his own and how cold and lonely he must be."
She directed her final words to her son’s killer.
“Does this mean nothing to you? You still get to live your life. Your mother still has you as her son, while I will never have Michael in my life again, you've taken that away from me.”
Michael’s father Kevin McGrath sat with a support person as he told the court that he’s grateful to the police who worked so hard to bring about justice in this case.
“The loss of Michael and the way this evil act was carried out is something I can’t come to terms with even after seven years.”
He addressed his son’s killer directly, saying: "David you gave no consideration to how this would affect your family, let alone ours."
"You killed a good-hearted man who came to help you. You’ve shown no remorse, the way you behave. You committed a crime out of hatred to make you feel superior but all you’ve done is ruin your life and ours."
Benbow’s mother and brother were in court for the sentencing. They have stood by him throughout the lengthy legal process. He signalled to them as he entered the dock this morning.
Crown Prosecutor Barnaby Hawes said: “The effects of David Benbow’s crime are all the more profound because Michael McGrath has never been found.”
Defence lawyer Kirsten Grey acknowledged that McGrath was loved but, “Mr Benbow maintains he did not kill Michael McGrath”.
High Court Judge Jonathon Eaton acknowledged that Benbow maintained his innocence, but clarified he must be sentenced in accordance with the findings of the jury.
He summarised the case, pointing out that Benbow told his counsellor that he wanted to annihilate his friend.
“There’s no question you harboured ill-will to him.”
"You were not willing to sit back and see another man forge a loving relationship with your partner…and a fatherly connection with your two daughters. I accept you love them.
“The guilty verdict means you were meticulous, but I also consider fortuitous in having been able to permanently dispose of incriminating evidence and in particular Mr McGrath's body, your firearm and accessories and any forensic evidence.“
Police acknowledge sentencing
Detective Inspector Kylie Schaare acknowledged the sentencing and said: "Today was about Michael's family finally having a voice."
She said that through their victim impact statements, those affected by McGrath's murder could finally talk about "the terrible reality that the last nearly seven years has been for them".
Schaare said McGrath's mother, father, brother, partner, and friends "epitomise what it means to be heroes".
"They have shown immense courage dealing with a loss no family should have to endure," she said.
"The impact of losing Michael, as we heard in court today, is lifelong and deeply unfair.
"He was the happiest he had been when he was taken by the cruel and callous actions of another, something that can't be rationalised and that has long-lasting ripple effects for all those who knew and loved Michael."
Schaare said she hopes today's sentencing can allow the family to "process their grief and pain and find a way to move forward".
"That is made even more difficult by not having Michael returned to them so he can be put to rest with dignity and his family could have a place to visit and remember him."
She also acknowledged the team of investigators who have been immersed in the case for seven years.
"This investigation has been a massive undertaking, and I give particular thanks to the police trial team and the Crown Prosecution team, who have spent months away from their own families during the investigation and trials and have been so committed and professional throughout."
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