Watson wins right to appeal
The news 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 said 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.
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 more than 20 years for the authorities to agree to review his case, Chisnall said.
All previous appeals have been rejected. His latest application for the Royal Prerogative of Mercy saw aspects reviewed by retired High Court judge Sir Graham Panckhurst, whose advice was 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, that were likely to have come from Hope. However the discovery and testing of them has always been controversial.
Little said the governor-general had accepted his advice that the case should be reconsidered by the Court of Appeal.
Chisnall ‘‘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.’’
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, 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.
Watson’s father, Chris Watson 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.’’
He had spoken to his son earlier on Friday, although 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, it was difficult for people to get their heads around. ‘‘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.’’ He was extremely grateful to Panckhurst, Little, and the governor-general for the decision.
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,’’ 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.’’
‘‘I just kept digging and digging and digging and persevered with it.’’ Brian McDonald