New development in Scott Watson's mercy plea

The legal team for convicted murderer Scott Watson will be given the chance to comment on Kristy McDonald QC’s report on his application for mercy, Justice Minister Simon Power said today.

The Royal prerogative of mercy provides a special avenue for criminal cases to be re-opened where a person may have been wrongly convicted or sentenced.

In New Zealand, the prerogative of mercy is exercised by the Governor-General as the Queen's representative.

The Governor-General will act on the advice of the Minister of Justice, and has the power to grant a pardon, reduce a sentence, or refer a case back to the courts for reconsideration.

The Minister has asked Ms McDonald to consider any submissions from Mr Watson’s newly appointed lawyers, led by barrister Greg King, before providing a supplementary report.

Mr Power said allowing the lawyers to comment on the report will ensure Mr Watson has had every opportunity to put forward his case before a decision on his application is made.

Mr Watson was convicted in 1998 of murdering Ben Smart and Olivia Hope, who were last seen boarding a yacht in Endeavour Inlet, in the Marlborough Sounds, in the early hours of 1 January 1998 in the company of a lone male. Neither their bodies nor any trace of their belongings has been found.

Mr Watson unsuccessfully appealed his convictions to the Court of Appeal in December 1999 before unsuccessfully petitioning the Privy Council in 2002 for special leave to appeal against his convictions.

In November 2008, he lodged an application on his own behalf for the exercise of the Royal prerogative of mercy.

In April 2009, the Ministry of Justice engaged Ms McDonald to provide advice on the application, and in October that year she provided interim advice.

After further inquiries and the receipt of extensive material from Mr Watson, Ms McDonald delivered a final report on 21 March this year.

Mr Watson has since advised he has retained legal representation and asked to be able to make submissions on the report before a decision on his application is made.

“Though consultation of this type is unusual, this is a case that has generated considerable public interest and it's important that the advice I ultimately provide to the Governor-General is as comprehensive and robust as possible”, Mr Power said.

"I expect to receive a response from Mr Watson's lawyers sometime in August.”

Mr Watson’s lawyers have undertaken to preserve the confidentiality of Ms McDonald’s advice until a formal decision on Mr Watson’s application has been made.