Scott Watson case a step closer to being reopened

Scott Watson during the original court action in 1998. Photo / Mark Mitchell

Convicted murderer Scott Watson's bid to have his case reopened has taken a step forward, with his lawyers given the chance to comment on a report into his application for the royal prerogative of mercy.

The royal prerogative allows for criminal cases to be reopened if a person might have been wrongly convicted or sentenced.

Watson was sentenced to life imprisonment with a minimum non-parole period of 17 years after being found guilty of the murders of Ben Smart and Olivia Hope in the Marlborough Sounds early on January 1, 1998.

The Independent Police Conduct Authority (IPCA) last year found police fell short in some areas of their investigation, but that did not have a significant bearing on the inquiry's outcome.

Watson applied for the royal prerogative of mercy in 2008, and the Ministry of Justice ordered Kristy McDonald QC to produce a report on the application the following year.

Mr Power today said he had received that report in March and yesterday agreed to give Watson's new legal team, led by high-profile defence lawyer Greg King, a chance to comment on it.

Ms McDonald would provide Mr Power with a supplementary report, which will guide Mr Power's recommendation to the Governor-General, who has the power to grant pardons, reduce sentences, or refer cases back to the courts.

"I've decided to let Scott Watson's newly appointed lawyers have a look at that particular piece of advice before I make a final decision," Mr Power said today.

"This process hasn't been followed before but in my opinion it's better to do these things properly than just blindly follow precedent."

Mr Power said the process was "unusual" but it was important the advice he gave the Governor-General was comprehensive.

"This is a case that the public have a great deal of public interest in, so I want to make sure that any decision or recommendation I make to the Governor-General is as robust and well-researched as possible."

Mr Power said he could not comment on the substance of the report.

"It's a matter of natural justice and appropriate process that Mr Watson and his lawyers have an opportunity to go through the report and offer a final review on the material in the report prior to Ms McDonald providing me with a supplementary report to that effect."

Watson's legal team have agreed to keep Ms McDonald's report confidential until a formal decision is made.

They are expected to report back by August.

- NZPA