The Star: March 07, 2024

14 The Star Thursday March 7 2024
14
NEWS
Latest Canterbury news at starnews.co.nz
Sim card used to send text messages
had been in Benbow’s cellphone
• From page 13
Keen to see what more “Nigel”
would tell me, I asked why he
thought police were treating
Benbow the way they were and
whether he thought McGrath was
still alive.
“It’s not just the police, look at
the way you are treating David.
As outlined, they have not looked
outside the box and explored
all other options. One would
presume vital evidence has now
been lost if anything untoward
has happened to McGrath.”
I replied it must be hard for
Benbow not knowing what happened,
considering they were
“good friends”.
“They were good friends and
he hasn’t been given a chance
to grieve over a missing friend.
Also, information circulating
(suggests) Michael McGrath
(was) not a complete angel as
displayed,” he replied.
I asked what sort of information
he was referring to, and
Nigel replied: “Maybe (we’ll)
talk next week. You have enough
to go on for now. See what you
deliver. Cheers, Nigel.”
I saved the number in my
phone as “Benbow’s friend” and
sent three more texts to Nigel
COURTROOM: Crime journalist Sam Sherwood giving
evidence at the Michael McGrath murder trial.
with questions, but I never heard
back.
I also texted Benbow on March
21, saying I had been talking to
“Nigel”, and wanted to see if he
wanted to talk. There was no
response.
After about a week, I informed
the officer in charge of the case
at the time about the messages,
believing I was likely talking
to Benbow and he was using
a phone number that may not
be known to police, thinking it
PHOTO: POOL
might be of use.
Nearly five years on, I sat in
the High Court at Christchurch
reading the messages in open
court. Asked by the Crown why
I was confident I was speaking to
Benbow, I said the term “witchhunt”
and the amount of information
the person had about
Green’s car and when she left
work had piqued my suspicions.
After I left the courtroom, a
police officer gave evidence about
how police were able to identify
the Sim card for the number belonging
to “Nigel” that had been
used in Benbow’s cellphone.
It also emerged Benbow actually
admitted to sending me the
text messages. However, the exact
reason why remains unknown.
The trial ended with the jury
unable to reach a verdict and a
retrial was ordered.
About a week before the retrial,
I was advised by police the
defence had opposed the admissibility
of my evidence and the
judge had ruled in their favour,
meaning I would not be called for
the second trial.
Benbow’s defence argued the
jury could find him using the alias
Nigel and a new Sim card was
“unusual conduct”, and gave risk
the jury would draw an “adverse
inference” as to his character.
They believed such an inference
would be wrong and unfair
as Benbow was “simply responding
to persistent media requests
that he comment on the police
investigation”.
Alternatively, the defence suggested
the text messages could
be admitted as evidence, but the
Crown should not be allowed to
mention that Benbow used a false
name and a new Sim card.
In reply, the Crown said the
evidence was another strand of
its circumstantial case.
They said in referring to “grieving”,
a jury would be entitled to
infer Benbow knew McGrath was
dead rather than missing.
They also argued the “disparaging
comments” about Green
were “probative of guilt” and reflected
an attempt by Benbow to
distance himself from the police
investigation.
Justice Jonathan Eaton did not
accept the Crown’s arguments
and said the fact Benbow used
an alias and a different phone
number was of “low probative
value”.
“Whilst I do not consider
the evidence would have a
significant prejudicial effect on
the proceedings, it is likely to lead
the jury to consider Mr Benbow’s
behaviour to have been odd.
“There is a risk the jury would
equate odd behaviour with guilt.
That would give rise to unfair
prejudice.”
In the end, it did not matter.
Benbow was convicted of
McGrath’s murder.
– NZ Herald
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