Watson’s rights endorsed

A court decision overturning a refusal to allow convicted murderer Scott Watson to talk to a journalist in jail is important for the Bill of Rights and for journalists, an academic says.

In a judicial review ruling released on Thursday, Justice Dunningham said the Department of Corrections acted irrationally in refusing Watson’s request to be interviewed by North and South journalist Mike White about his case. She sent the request back to Corrections for reconsideration.

The judge said the right to freedom of expression in the Bill of Rights was of ‘‘vital constitutional significance in any functioning democracy’’.

Canterbury University law professor Ursula Cheer said the importance the judge gave to freedom of expression was part of a growing body of New Zealand law supporting the constitutional right. ‘‘It says freedom of expression is really important and can have the effect of overturning the decisions of government officials.’’ Reputable journalists seeking access to prisoners who had a strong public interest to be heard would also have their work strengthened, Cheer said.

‘‘Where a prisoner wishes to raise an allegation of miscarriage of justice when all other avenues have been exhausted, that is to be treated as an exceptional circumstance,’’ Dunningham said.

White said it was an important ruling for journalism.

‘‘Mr Watson will have the chance to speak after 17 years.’’

Watson is serving a life sentence after being convicted of the murders of Olivia Hope and Ben Smart, who went missing in the Marlborough Sounds on New Year’s Day, 1998.

Their bodies have never been found.