Scott Watson's appeal in controversial Sounds murder case delayed again

Wednesday, 8 March 2023

Stuff Circuit examines a pivotal theory about Scott Watson's guilt over the murders of Ben Smart and Olivia Hope. First published in 2019.

Scott Watson’s appeal against his convictions, for murdering young friends Olivia Hope and Ben Smart in the Marlborough Sounds in 1998, has been delayed until next year.

Watson has always denied killing the pair after a New Year’s party at Furneaux Lodge, but was convicted and sentenced to life in prison in 2000. He remains in a Christchurch jail, having been denied parole four times.

In June 2020, Watson’s case was sent back to the Court of Appeal by the Governor-General, following advice from retired High Court judge Sir Graham Panckhurst.

Panckhurst pointed to concerns with DNA testing of two crucial hairs, which the police and Crown said came from Hope and were found on Watson’s yacht.

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Scott Watson, who has spent nearly 25 years in prison for a crime he insists he didn’t commit.

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Ben Smart and Olivia Hope disappeared following a New Year’s party in the Marlborough Sounds in 1998 and have never been found.

In May 2022, the Court of Appeal ruled Watson could also challenge vital eyewitness identification evidence during his appeal.

This related to identification by water taxi driver Guy Wallace of Watson being the mystery man he delivered to a yacht moored off Furneaux Lodge, along with Hope and Smart.

Wallace initially didn’t pick out Watson as the mystery man when shown photos of him, but later, when a new photo of Watson caught mid-blink was included in a police photo montage, Wallace said Watson resembled the mystery man because of his hooded eyes.

However, Wallace later said he had been tricked into identifying Watson, and after his trial, insisted Watson wasn’t the mystery man he saw with Hope and Smart. Wallace died by suicide in March 2021.

Scott Watson’s lawyer Nick Chisnall, KC.

Following the decision to include this new ground of appeal, Watson’s hearing was delayed until May this year.

However, after an application by Watson’s legal team, the Court of Appeal has now further adjourned the week-long hearing until June, 2024 – four years after Watson’s case was sent back to the Court.

One of Watson’s lawyers, Nick Chisnall, KC, said preparing the necessary material for the appeal was “a massive task”.

David Tamihere, convicted of murdering Swedish backpackers Heidi Paakkonen and Urban Hoglin in 1989, has been forced to wait even longer for his appeal to be heard.

“We are, of course, aware of the length of time it’s taken to bring the case to a hearing,” Chisnall said.

“However, Mr Watson only gets one opportunity to do this, and it needs to be done right, and it’s important that we have the best evidence available.”

Chisnall said part of the reason for the delay was the need to consult with international experts regarding both the DNA testing and the witness identification evidence.

Finding another five-day window in the Court of Appeal’s schedule had meant the case being pushed out until next year.

The adjournment in Watson’s case comes at the same time as the appeal in another of the country’s most controversial murder convictions has also been further postponed.

David Tamihere was convicted of murdering Swedish backpackers Heidi Paakkonen and Urban Hoglin in 1989.

He served 20 years in prison, but always insisted he didn’t kill the couple.

In April 2020, Tamihere was granted a further appeal after a crucial witness at his trial was found to have lied about Tamihere confessing to the crime.

Jailhouse snitch Roberto Conchie Harris was subsequently convicted on eight charges of perjury for his testimony at Tamihere’s trial, undermining the Crown argument that Tamihere was guilty.

However, the Crown then sought to re-test numerous items of evidence from the case, using updated DNA techniques, which delayed Tamihere’s appeal being heard.

This testing, some of which has been conducted in America, was still ongoing this year.

Due to concerns the DNA testing would not be completed by the time of Tamihere’s appeal in July, and a view that more than one day was needed to hear the arguments, the Court of Appeal has now adjourned the hearing until November 28 and 29 this year.