PASSAGE OF THE DAY: "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."
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STORY: "Sounds Murders" Scott Watson's case sent to Court of Appeal," by Investigative Reporter Micke White, published by 'Stuff' on June 26, 2020.
GIST: "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 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.
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.
'IT'S PRETTY GOOD’
Watson's father, Chris Watson, heard the news when it was announced publicly on Friday. 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 on Friday, 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.”
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," an emotional 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."
The entire story can be read at:
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Read the recent August 1, 2020 'Stuff' story by Investigative Reporter Mike White, in which Scott Watson reacts to a 'report' by saying he fears he is being set up and will never get justice.
https://www.stuff.co.nz/national/crime/122287072/scott-watson-says-hell-never-get-justice
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PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
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FINAL WORD: (Applicable to all of our wrongful conviction cases): "Whenever there is a wrongful conviction, it exposes errors in our criminal legal system, and we hope that this case — and lessons from it — can prevent future injustices."
Lawyer Radha Natarajan:
Executive Director: New England Innocence Project;
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