PASSAGE OF THE DAY: "Watson has served more than 23 years in prison for the murders, but has always insisted he is innocent. In 2020, his case was referred back to the Court of Appeal because of concerns with crucial forensic evidence presented at his 1999 trial. That appeal is due to be heard next year, and Watson has asked to be released from prison on bail in the meantime, to assist his lawyers in preparing his case. Watson’s bail hearing will be held in the Court of Appeal on Friday, October 15. His lawyer, Nick Chisnall, says the strength of Watson’s appeal makes it in the interests of justice that he be released until it can be heard. “A case isn’t referred back to the Court of Appeal under the prerogative of mercy procedure unless it has a real prospect of succeeding,” Chisnall said. “Also, Mr Watson wants to be directly involved in assisting his legal team to advance his case. He’s waited over 20 years to have the safety of his convictions reconsidered, and it’s far more difficult for him to participate in the process while behind bars."
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STORY: "Sounds murderer Scott Watson applies for bail ahead of appeal," Stuff (Reporter Mike White) Reports on October 9, 2021.
PHOTO CAPTION: "Scott Watson in the High Court at Christchurch in 2015. Despite spending 23 years in jail, Watson has always insisted he is innocent of murdering Olivia Hope and Ben Smart."
GIST: "Scott Watson, the man convicted of murdering friends Olivia Hope and Ben Smart after a New Year’s party in the Marlborough Sounds, has applied for bail.
Watson has served more than 23 years in prison for the murders, but has always insisted he is innocent.
In 2020, his case was referred back to the Court of Appeal because of concerns with crucial forensic evidence presented at his 1999 trial.
That appeal is due to be heard next year, and Watson has asked to be released from prison on bail in the meantime, to assist his lawyers in preparing his case.
Watson’s bail hearing will be held in the Court of Appeal on Friday, October 15.
His lawyer, Nick Chisnall, says the strength of Watson’s appeal makes it in the interests of justice that he be released until it can be heard.
“A case isn’t referred back to the Court of Appeal under the prerogative of mercy procedure unless it has a real prospect of succeeding,” Chisnall said.
“Also, Mr Watson wants to be directly involved in assisting his legal team to advance his case. He’s waited over 20 years to have the safety of his convictions reconsidered, and it’s far more difficult for him to participate in the process while behind bars.”
Watson’s case remains one of the most controversial in New Zealand history.
Olivia Hope, 17, and 21-year-old Ben Smart disappeared after attending a party at Furneaux Lodge in the Marlborough Sounds on New
Year’s Day, 1998. Their bodies have never been found.
Watson was one of about 2000 people at Furneaux Lodge for the New Year’s celebrations, having sailed there on his yacht, Blade.
Police focused on him within days, due to the fact he was on his own, and Marlborough police highlighted him as someone who may be of interest, given his previous run-ins with them.
After his yacht was seized, two hairs, later said to be from Olivia, were found on a blanket on board, providing the vital evidence that undermined Watson’s claims he never met the pair.
However, considerable concerns have been raised about how the hairs were found, their examination at ESR, and scientific tests carried out on them.
Last year, retired High Court judge Sir Graham Panckhurst recommended Watson’s case be reconsidered by the Court of Appeal, and the Minister of Justice and the Governor General agreed to this.
The appeal was expected to be heard this year, however delays with reviews of the complex forensic evidence have pushed that out until 2022. This has led to Watson’s legal team applying for his bail in the interim.
Watson was sentenced to life imprisonment with a minimum non-parole period of 17 years. He has been denied parole three times, and is next due to appear before the Parole Board in November.
One of the main barriers to Watson, 50, being given parole is his continued position that he has been wrongfully convicted and jailed.
Rehabilitation courses that would help his chances of parole have been denied to him, while he refuses to say his is guilty. His father, Chris Watson, has likened this to having to lie to get out of jail, and says it’s an impossible Catch-22 situation.
Nick Chisnall agrees Watson maintaining his innocence has been an impediment to convincing the Parole Board he doesn’t pose a risk if released. “But the Court of Appeal will apply a different test to the Parole Board when deciding whether to release Mr Watson pending the hearing of his appeal. It’s a broader test, based on the interests of justice, and one that doesn’t hold against Mr Watson the fact he wants to challenge his convictions.”
Crown Law has confirmed it will oppose Watson’s bail application, and its reasons would be filed next week in its submissions.
Chris Watson suspects the Crown will argue that, given Watson has been refused parole, it would be unsafe to release him on bail.
“But he hasn’t got parole because he denies being involved (in the disappearance of Olivia and Ben).”
He says his son was effectively being held hostage.
The authorities’ determination to keep him in prison was because of the case’s extremely high profile, Chris Watson insists.
“If it wasn’t so much in the public eye, he probably would have done his 17 years and been out.
“They say he should just shut up and be a mouse and say, ‘Thank you, Sir,’ and tug his forelock. But why should he shut up and let them have their way?”
Chris Watson says those who claim his son would be a danger to the public if released, forget he has regularly worked in the community, “outside the wire”, during his time in prison, without any problems.
Moreover, he has kept a clean prison record for many years, despite his anger and frustration at having lost the best years of his life for a crime he insists he didn’t commit.
Chris Watson says he still has hope the justice system will finally see sense and release his son.
“I’m forced to be an optimist. I’ve got no other option.”
Olivia’s father, Gerald Hope, and Ben’s mother, Mary Smart, did not respond to offers to comment."
