Scott Watson appeal heads back to court
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 yesterday 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 yesterday afternoon.
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.
Watson’s father, Chris Watson, heard the news when it was announced publicly yesterday. 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 yesterday, 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.’’