Justice minister considers Scott Watson’s bid for freedom
Scott Watson’s application to have his murder convictions reconsidered is now in the hands of Justice Minister Andrew Little.
Watson was found guilty of murdering Olivia Hope, 17, and Ben Smart, 21, after the pair went missing from Furneaux Lodge in the Marlborough Sounds on New Year’s Day 1998. Their bodies have never been discovered.
In 2017, Watson applied for the Royal Prerogative of Mercy, a final opportunity to plead innocence for those who claim they have been wrongfully convicted. Applications are considered by Justice Ministry officials, who advise the minister whether the case should be referred back to the Court of Appeal. Sometimes,
an opinion from a QC or retired judge is also sought.
Sir Graham Panckhurst, a former High Court judge, has reviewed Watson’s application and his report, together with Justice Ministry advice, which has now been forwarded to Little.
Little says he is considering the reports and will advise the governor-general, who oversees the process, how the application should be dealt with. He has refused to release the reports to Stuff.
Watson has always insisted he never met Ben and Olivia and is innocent of their murders, but remains in jail. His application for parole in 2016 was declined, and he was told he was not eligible for another parole hearing until later this year. He has previously applied for the Royal Prerogative of Mercy, but was turned down in 2013, after a review of the case by Kristy McDonald, QC.
The new application focuses largely on two hairs, which police say were from Olivia and were found on Watson’s yacht, and the validity of scientific testing conducted on them. Watson’s father, Chris Watson, says he is in ‘‘anxiously waiting mode’’, but is used to being let down by the justice system. ‘‘We always have hope but never have faith in any of it any more. I’ve come to expect the expected from them – but I’d love to be surprised.’’
Watson’s case is one of the last to be considered under the Royal Prerogative of Mercy system. From July 1, this work will transfer to a new independent investigative body, the Criminal Cases Review Commission, created under the Labour-NZ First coalition agreement.
Chris Watson says if they are unsuccessful this time, they would apply to the CCRC, or even seek to have the case heard by the Privy Council in London.
If, however, they succeed, and the case is sent back to the Court of Appeal by the governor-general, it is expected Watson’s legal team would apply for him to be released on bail, pending the hearing.
Brian McDonald, who helped obtain expert evidence for Watson’s application, remains confident authorities will eventually realise the evidence against Watson is unreliable. ‘‘I’m completely sure he’s innocent, and I don’t think he should have ever been in prison.’’
Olivia’s father, Gerald Hope, said he didn’t wish to comment.
Ben’s mother, Mary Smart, did not respond to an approach for comment.
‘‘I’m completely sure he’s innocent, and I don’t think he should have ever been in prison.’’
Brian McDonald Scott Watson supporter