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GIST: Scott Watson, the man convicted of killing Marlborough friends Ben Smart and Olivia Hope in 1998, has had his latest appeal delayed till next year.
Watson has fought to prove his innocence for nearly 25 years, insisting he never met Smart and Hope at the Marlborough Sounds lodge they disappeared from.
Despite the case being one of the most contentious in New Zealand’s history, Watson has remained in prison since his arrest in June 1998.
His first appeal to the Court of Appeal, in 2000, was unsuccessful, as was an application to have his case heard by the Privy Council.
However, in June 2020, the Governor-General accepted advice that Watson’s conviction should be reconsidered by the Court of Appeal.
This followed an application for the Royal prerogative of mercy, based on concerns about the reliability of critical forensic evidence at the heart of Watson’s case.
The evidence in question relates to two of Olivia Hope’s hairs that police say were found on Watson’s yacht, and their subsequent testing.
Watson’s new appeal was due to begin in the Court of Appeal on August 31, and last for two days.
But in May this year, the Court of Appeal agreed Watson could also challenge controversial identification evidence from key witness Guy Wallace.
Wallace was the water-taxi driver who dropped off Smart and Hope to a yacht after the New Year’s party at Furneaux Lodge, along with a mystery man police have always claimed was Watson.
The bodies of Smart and Hope have never been found.
This broadening of appeal grounds has required Watson’s legal team and Crown lawyers to prepare considerable amounts of additional material.
Despite the Crown wanting the appeal to be heard this year, agreement was reached between both sides that it should be delayed until May 2023, with the hearing extended to five days.
Watson’s lawyer Nick Chisnall said allowing arguments about the identification evidence in the appeal, including the use of a controversial photo montage shown to Wallace by police, meant a significant amount of new work was required.
“It’s important that, given Scott has been waiting for over two decades, that it’s done right, rather than rushed. That’s really what it comes down to.”
Watson’s father, Chris Watson, admitted there was some frustration the latest delay would mean it will be three years between the case being referred back to the Court of Appeal, and it being heard.
“But it’s taken 20 years to get this shot, we want the best shot we can get.”
Chris Watson, who has always supported his son’s innocence, along with the rest of Watson’s family, said he would have liked the first appeal to have realised the fundamental flaws in the case, and overturned the conviction.
“But here we are, 20 years on, still doing it.“And of course, all of us hope this is the last time we see the inside of a courtroom – but I’m sure it won’t be.”
Chris Watson has been unable to see his son for more than a year, due to prison-visiting restrictions caused by Covid and Corrections’ staffing issues.
In November, Watson was denied parole for the fourth time, and is not due to appear before the Parole Board again until late 2023."
The entire story can be read at:
https://www.stuff.co.nz/national/crime/129604902/scott-watsons-appeal-over-murder-conviction-delayed-till-next-yearPUBLISHER'S NOTE: I am monitoring this case/issue/resurce. 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;
