Michael McGrath murder trial: Crown tells jury David Benbow killed out of 'jealousy and anger'

The Crown has told the jury David Benbow killed Michael McGrath because of one of the oldest and most understood motives for murder - jealousy and anger.

In a four-hour closing on Monday, the jury heard although there's no body and no weapon, there's also no question Benbow killed McGrath because he was enraged his friend had started seeing his ex-partner.

Arriving at court with his mum each day, the Crown said Benbow murdered one of his best mates and he planned it well.

"There's no body to examine, there's no murder weapon, there's no DNA, no fingerprints, no decisive forensics and no confessions," said Crown prosecutor Barnaby Hawes.

But what police did find is layer upon layer of circumstantial evidence and no plausible alternative for what happened to McGrath.

"You'll be left with a single reasonable explanation for the disappearance of Michael McGrath and that is murder at the hands of David Benbow," Hawes said.

McGrath went missing in May 2017. Shortly before that he had started seeing Benbow's ex-partner of 17 years, Joanna Green.

"Michael McGrath told Joanna Green he fancied her for years and they could be soulmates," Hawes said.

Evidence showed Benbow was distraught. He didn't want his relationship to end, was worried about losing his children, and worried about giving her half their more than $2 million worth of assets. 

"What really hit Mr Benbow hardest was hearing about the new relationship Jo Green was entering into with Michael McGrath," Hawes said.

Benbow told his counsellor he wanted to annihilate McGrath.

"He felt like annihilating him. Not punch, or beat up or even kill, using this word: annihilate," Hawes said.

A quintessential crime of passion.

"Jealousy and anger are amongst the oldest and well understood for violence, including murder, and we call these crimes of passion for a reason. In these emotional states, people do things that may be entirely out of character," Hawes said.

The Crown said not only did Benbow have the motive but also his gun is missing, he'd turned the security cameras off at his house, he was the last person to see McGrath alive and CCTV in the area backs up their case. 

Unlike the rest of the trial where Benbow sat up paying attention, for almost all of the Crown's nearly four-hour closing, he sat with his head down doodling on paper. 

Tuesday will be more comfortable listening for Benbow with the defence closing their argument.

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