Decision on Scott Watson’s application for exercise of the Royal prerogative of mercy

Justice Minister Judith Collins today announced the Governor-General has declined Scott Watson’s application for exercise of the Royal prerogative of mercy.

“After thorough consideration of all the relevant material, I advised the Governor-General that Mr Watson’s application be declined,” Ms Collins says.

Mr Watson was convicted 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.

Following unsuccessful appeals to the Court of Appeal and the Privy Council claiming his innocence, Mr Watson applied to the Governor-General for exercise of the Royal prerogative of mercy.

“In 2009 the Ministry of Justice engaged Kristy McDonald QC to provide advice on Mr Watson’s application,” Ms Collins says.

Ms McDonald considered not only Mr Watson’s original application, but also additional material that was provided by Mr Watson and his legal team between the submission of his original application and December 2012.

In 2011 Ms McDonald provided a report on the key issues raised by Mr Watson’s application and in March 2013, she provided a further report responding to matters raised by Mr Watson’s lawyers from her original report.

Ms McDonald concluded that nothing provided in support of Mr Watson’s application created a real risk that Mr Watson was wrongfully convicted. 

“After considering Ms McDonald’s advice and the Ministry’s report, I advised the Governor-General that Mr Watson’s application should be declined. The Governor-General accepted my advice, and declined Mr Watson’s application,” Ms Collins said.

Information about the Royal prerogative of mercy can be found here http://gg.govt.nz/role/royalprerogative.htm.

Copies of the Ministry’s advice and Ms McDonald’s reports will be available on the Ministry of Justice’s website later today.