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Sunday Star Times
December 30 2007

QC rubbishes Scott Watson case claims

The Queen's Counsel who led the Crown prosecution against Scott Watson has broken his silence, saying he has no doubt the right man is behind bars for the murders of Olivia Hope and Ben Smart 10 years ago this week.

In an article to be published in The Listener yesterday, Paul Davison labels Auckland journalist Keith Hunter's Trial by Trickery, a book-length interrogation of the police case against Watson, as "nonsense", and criticises recent media coverage which questions Watson's convictions as "superficial in the extreme and somewhat sensationalist".

"[It] panders to that level of journalism which seems to attract and excite attention without really having covered the detail and undertaken any sort of analysis at all," he said.

Deputy police commissioner Rob Pope, who led the Operation Tam inquiry into the disappearance of Hope, 17, and Smart, 20, from a New Year's Eve function at Endeavour Inlet in the Marlborough Sounds, has also spoken out, saying he has seen nothing to make him doubt the convictions.

In the article, Davison defended the so-called "two-trip theory" the hypothesis that, after Watson was taken to his boat by water-taxi at about 2am that night, he returned to the celebrations at Furneaux Lodge and was later taken by water-taxi driver Guy Wallace to his boat, along with Hope and Smart, about 4am.

Critics of the Crown case point out there were no witnesses to Watson having returned to shore after water-taxi driver Donald Anderson recalled having taken him to his boat at about 2am.

But Davison said how Watson got there was not crucial because there was evidence he had been ashore at about 3-3.30am.

He also suggested Wallace's descriptions of the boat he had dropped Smart and Hope at had developed over time. Wallace said it was a double-masted ketch a boat the Crown has insisted did not exist, and which he had confused in the dark with Watson's single-masted sloop.

In his first statements, he wrote the word ketch with a question mark. Davison said it was significant that Watson himself never described seeing a ketch despite his boat being moored almost exactly where Wallace said he dropped the trio.

Montages made of photographs taken that day show no ketch in the area identified by Wallace, but do show Watson's sloop.

When combined with the evidence of Watson's sexually aggressive behaviour on the night, his earlier statements that he wanted to kill, and his subsequent actions in cleaning and changing the appearance of his boat, the case was compelling, he said.

Pope told The Listener: "The inquiry gathered a massive amount of information and through a process of exclusion the police case was that Scott Watson was the only person responsible."

The Listener is owned by APN, publisher of the Herald on Sunday, which has questioned the validity of Watson's conviction, placing the two publications from the same stable on opposite sides of the fence.

Meanwhile, Watson has gained another high-profile supporter in Dunedin author Lynley Hood, who wrote a book about the convictions of former creche worker Peter Ellis on child sex allegations.

Hood said yesterday the case raised concerns the justice system had failed by convicting Watson without the charges being proven beyond reasonable doubt.

"When that happens, everybody's at risk. Anyone can be accused, and when police stitch up the case without regard to reliable evidence and due process, then nobody's safe."