Murderer behind Watson appeal
The man behind Scott Watson’s latest appeal against his conviction for the murders of Ben Smart and Olivia Hope, is also a convicted killer.
Brian Mcdonald, 64, filed a Royal Prerogative of Mercy application on behalf of Watson earlier this month. The appeal includes a detailed report which challenges the ‘‘two hair theory’’ which helped convict Watson in 1999.
Mcdonald penned the appeal after researching the case, and helped commission the forensic report by scientist Sean Doyle.
The 64-year-old told Stuff on Monday he became interested in miscarriages of justice after spending 15 years in prison for two separate offences.
In 1974, Mcdonald was found guilty of manslaughter after he stabbed a man at a party in Auckland’s Mission Bay.
He served five years in prison before being paroled.
Less than a year later he was convicted of the murder of a 17-year-old woman who was shot outside a nightclub.
‘‘I certainly regret everything I was involved in. I was involved in a fairly violent scene,’’ he said.
‘‘People ended up getting hurt. I regret it all.’’
While in prison, Mcdonald met Arthur Allan Thomas, who was serving time for the murders of Harvey and Jeanette Crew.
Meeting Thomas, who later received a royal pardon, had an impact on Mcdonald.
‘‘We met in maximum security. I felt bloody sorry for him. He was a fish out of water. I didn’t like what had happened to him. Years later it was made clear he was an innocent man.
‘‘At one stage he got beaten up. He wasn’t a guy like me with a background in crime, I thought it was shocking.
‘‘Since then, I have always been aware of people who have had miscarriages of justice. Prison is a terrible place. It is bad enough being there if you are guilty, let alone innocent.’’
Mcdonald now lives in Auckland and is self-employed.
Along with lobbying for Watson, he has helped research the controversial convictions of David Bain and Mark Lundy. ‘‘I have been leading a genuine life for almost 30 years. I get involved in these cases because I want to help. I don’t think wanting to help someone has to be conditional on me having a clean record.’’
Scott Watson met Mcdonald at Rolleston Prison earlier this year to discuss the case.
Watson’s father, Chris Watson, said he and his son were aware of Mcdonald’s convictions.
Watson, 47, has always denied ever meeting Hope and Smart, let alone killing them.
The only physical evidence linking the couple to Watson were two blonde hairs – believed to be Hope’s – found on a blanket on his sloop. Doyle’s report concluded there were significant ‘‘weaknesses’’ in the way the hairs were handled and identified.
‘‘The hair and DNA evidence falls some way short of current standards and, in some respects, fell short of standards at the time,’’ Doyle told Stuff.
‘‘If adduced today, the reliability of that evidence would be strongly challenged.’’
Also included in the appeal is research by justice campaigner Mike Kalaugher focusing on the ketch witnesses described Hope and Smart boarding, which has never been found.
Watson, along with his father, previously applied in 2009 but was rejected on the advice of thenjustice minister Judith Collins.
A Ministry of Justice spokeswoman said officials were currently liaising with Government House on whether the latest application was in order, before referring it to the minister of justice.
Watson, who is serving a life sentence, will be next considered for parole in 2020.