John Munro: Criminal Defence Lawyer on Scott Watson murder case appeal

The Court of Appeal begins a second appeal into the Scott Watson murder case, today.  

Friends Ben Smart and Olivia Hope were last seen getting off a water taxi onto a yacht in the Marlborough Sounds on New Year's Eve more than 26 years ago.  

Watson was convicted of double-murder in 1999 following a three-month jury trial in the High Court in Wellington.  

It's accepted the pair met their deaths after boarding a stranger's yacht with a man -- the Crown says that man was Watson.  

Watson's always denied killing or even meeting them. This appeal is of his conviction -- and Watson's team can include new expert evidence about the reliability of forensic evidence. 

Criminal defence lawyer John Munro told Mike Hosking “Transference of DNZ is much more understandable now, so is hairs.” 

Munro said the key issue is whether he’s had a fair trial. It won't just ‘turn on the hairs’ – the judge will focus on whether he was in fact spotted on water taxi. 

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Episode Transcript

Speaker 1 (00:00):
Also today that Scott Watson trial gets another turn in court,
our Court of Appeal. We'll hear his case for a
second time. So Watson spent twenty five years, of course,
behind bars, being convicted of the murders of being smart oliby.
I hope that was back in nineteen ninety eight. He's
always denied it. So today's about new evidence. Criminal defense
lawyer John munroe'z with us on this John Morning, Good morning.
Have you followed this with a fascination over the years

(00:21):
like many of us?

Speaker 2 (00:22):
Oh, gosh, I have this case. I was in university
when this case was on last time or the actual trial,
and it had all the big lawyers around and criminal
lawyer at the time prosecuting and defending it, and I
followed it day by day.

Speaker 1 (00:39):
I suppose what's interesting about this is this is DNA,
and DNA has changed a lot in the last twenty
five years, hasn't it.

Speaker 2 (00:45):
Yes, it has. There's been a lot more now on
things such as transference especially. I think we've got two
years in this case that are going to be the
subject of some argument, but transference of DNA much more
understandable now, and such and also such as has much

(01:06):
easily more transferab ones.

Speaker 1 (01:07):
Can the whole case turn on two heirs, There's.

Speaker 2 (01:12):
Going to be no, no. But the key issues whether
they's had a proper trial or a fair trial such
that a just result as has been obtained, and so
it won't just turn on the heirs, but there'll be
other things. I think there's another issue about identification, proper
identification of him on the boat that night on the

(01:33):
water taxi. So that's going to be a key issue
and probably probably the main issue, and as well as
the DNA, and they'll be able a little bits and
pieces as well.

Speaker 1 (01:42):
What are the options for the judge, Well, the judge
can do three things.

Speaker 2 (01:47):
They can dismiss the appeal outright, the judge the judges
I should say that judges should could dismiss the appeal
but still make some findings within it that were wrong
even though they dismiss it. They could allow the appeal
and have a retroal. They could allow the appeal and
not have a retrial, given they serve so much time.

Speaker 1 (02:09):
I mean, I won't ask you what's the likely outcome
because you have nearly evidence. You say there's a retrial
that's fraught given the timeframe, isn't it.

Speaker 2 (02:18):
Yes, Yes, it would be. And also because there's been
so much to and fro on this case, on appeals
over the years and things like that, so I'd be
unlikely I would think that that would happen.

Speaker 1 (02:33):
Do we have a good justice system given the appeals,
given the amount of time the suspend in court, given
the number of people time and energy has looked at
it in other words, where you can't say we haven't
had a good crack.

Speaker 2 (02:45):
Yeah, that's right. Look when I see things such as
appeals like this and they go on, they might be
re appeals, et cetera, et cetera, I always think that
that's a justice system that's working in my view, because
it shows that we can really striving to get to
make sure that we get the end result right and

(03:06):
we exhaust all options. So to me, it's always a
good sign which has been a good justice system.

Speaker 1 (03:13):
Yeah, exactly, John, appreciate your time very much. John Munroe,
who's criminal defense lawyer. So that's in the appeal court.

Speaker 2 (03:19):
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