Sounds murders: Scott Watson's case sent to Court of Appeal

Friday, 26 June 2020

Scott Watson will go before the Parole Board on Thursday morning, in an effort to be released from prison.

The news that his case is being sent back to the Court of Appeal is still sinking in for Scott Watson.

Watson was convicted of murdering friends Ben Smart, 21, and Olivia Hope, 17, after a New Year's party in the Marlborough Sounds in 1998 but has always insisted he is innocent.

Justice Minister Andrew Little announced on Friday the case would be reconsidered by the Court of Appeal, after concerns were raised about the conviction.

Watson, who is in Rolleston Prison near Christchurch, was informed of the decision by his lawyers on Friday afternoon.

**READ MORE:

Ben Smart and Olivia Hope at a function in 1997, two years before they vanished.

* Scott Watson's bid for freedom being considered by justice minister

Chris Watson has staunchly supported his son, but has little faith those in the justice system will admit they got the wrong person for the murders of Ben Smart and Olivia Hope.

* Justice Sir Graham Panckhurst appointed to review Scott Watson case

* Sounds murders 20 years on: Scott Watson's 70-year-old father will search for justice till he dies**

His lead lawyer, Nick Chisnall, said he had spoken to Watson who was understandably thrilled by the news. However, Watson's excitement was tempered by the fact it had taken over 20 years for the authorities to agree to review his case, Chisnall said.

All of Watson's previous appeals have been rejected. His latest application for the Royal Prerogative of Mercy saw aspects of the case reviewed by retired High Court judge Sir Graham Panckhurst, whose advice was then sent to the justice minister and Governor General.

At the heart of Watson's application was the reliability of two hairs police say were found on his yacht, which were likely to have come from Hope. However the discovery and testing of these two hairs, has always been extremely controversial.

Little said the Governor General had accepted his advice that the case should be reconsidered by the Court of Appeal.

Chisnall said he 'whooped' when he heard the news.

'I'm as excited about this as anything in the law I've ever been involved with. It's been a long time coming.'

Chisnall said he had no doubt Watson had been the victim of a miscarriage of justice. Despite the time it had taken to get Watson's case reconsidered, he had remained quietly confident that justice would be done and he had great faith in the ability of Panckhurst to review the case fairly.

However, Chisnall noted that this only meant they were able to argue elements of the case in the Court of Appeal, and there would be limits in what could be raised. The crucial hair evidence would undoubtedly be part of their arguments, he said.

He was unsure when the court would be able to hear the case and admitted to feeling a weight of responsibility on his shoulders, given how difficult it had been to get to this stage, and how crucial the appeal hearing would be.

No decisions had been made about applying for Watson's bail before the appeal was heard.

'IT'S PRETTY GOOD'

Watson's father, Chris Watson, heard the news when it was announced publicly on Friday. He has stood by his son since he was arrested, adamant he was innocent.

He said it was the first time in 22 years they had managed 'a win with the justice system'.

'It's pretty good. We just have to get past the Court of Appeal now. We're not home free. But this is pretty much magnificent.'

He had spoken to Watson earlier on Friday, though that was before the minister's announcement, but he expected to hear from his son as soon as he was able to ring from prison.

Chris Watson said the case was so vast and detailed, it had been difficult for people to get their heads around it.

'How many governments have we gone through in the hopes we'd have somebody who'd look at this and say there's something not right.'

To that end, he was extremely grateful to Panckhurst, Little, and the Governor General for the decision.

'I've become used to being surprised when somebody does their job - but these guys have done it.'

Brian McDonald, who helped lodge Watson's latest legal bid for freedom, said the decision was remarkable.

McDonald paid for expert reports on the reliability of the tests conducted on the crucial hairs found on Watson's yacht and has collated enormous amounts of evidence about the case over the last five years.

'I just kept digging and digging and digging and persevered with it. But there's so much about those two hairs that has never emerged before.'

Despite being a cautious person, he had confidence the Court of Appeal would see how the evidence that convicted Watson had been undermined and was unreliable.

'You get to a point where you know a landslide will happen. And I just think it will be an avalanche.'

McDonald, 67, was convicted of manslaughter and murder in the 1970s and had served 15 years in prison. It was this experience that had made him sympathetic to those who had been wrongfully jailed.

A part-time truck driver, he has spent thousands of hours and thousands of dollars working on the case and had visited Watson in prison many times.

'I know he'll be delighted,' an emotional McDonald said. 'I promised him that I'd do this, and I'm bloody happy that I've been able to deliver on that promise. It's important to me. I wanted to help him and I said that's what I was going to do, and I've done it, so I'm rapt.'

TIMELINE

It's one of New Zealand's most murky and vexed murder cases – in the early hours of New Year's Day, 1998, 21-year-old Smart and Hope, 17, boarded a yacht and vanished following a New Year's Eve party at Furneaux Lodge in the Marlborough Sounds.

Their bodies were never found.

Watson – also at the party – was convicted of their murders in May 1999. He has denied ever meeting the pair.

* December 31, 1997: Ben Smart, Olivia Hope, Scott Watson and hundreds of others party at Furneaux Lodge in the Marlborough Sounds.

* Early January 1, 1998: water taxi drops Olivia, Ben and a man at a yacht in the inlet. The pair disappear.

* January 2: Gerald Hope tells police his daughter is missing, sparking a police investigation.

* June 15, 1998: Scott Watson is arrested.

* June-November 1999: Watson tried. Water taxi driver Guy Wallace says he dropped the pair at a boat. On September 11 Watson is found guilty. Sentenced to 17 years' jail.

* November 2003: Privy Council declines to hear a further appeal from Watson.

* May 2004: Watson marries Coral Branch in a prison service. The pair separate in 2007.

* December 2008: Deputy police commissioner Rob Pope cleared of making false court statements during the inquiry.

* November 2009: Justice Ministry appoints Queen's Counsel Kristy McDonald to reinterview key witnesses after Watson's application for a royal prerogative of mercy.

* December 14, 2012: Watson's mother dies, he is allowed to attend the funeral under guard.

* July 9, 2013: After McDonald produces two reports in 2011 and 2013, the governor-general rejects Watson's application for the pardon.

* March, 2015: Watson's legal team begin investigating the possibility of a fresh bid to the Privy Council.

* November, 2016: Gerald Hope finally meets Watson face-to-face in Rolleston Prison

* December, 2017: Watson appeal is sent to the Minister of Justice for consideration