Scott Watson’s lawyer has told the Court of Appeal important evidence was missing from the 1999 trial, leading to an error capable of changing the verdict.
Watson is appealing his double murder conviction for the killing of Ben Smart and Olivia Hope in the Marlborough Sounds after a 1997 New Year’s Eve party.
Lawyer Nick Chisnall said the jury never knew police showed key eyewitness Guy Wallace a single photo of Watson, who he didn’t recognise at that point.
Watson is appealing his 1999 convictions for murdering Ben Smart and Olivia Hope in the Marlborough Sounds. (Source: 1News)
Wallace was shown the photo in January 1998, months before identifying him from a montage in April of that year.
The Crown concedes it is more probable than not Wallace was shown the photo.
“Here we have missing in the evidence a non-identification when that single photograph was shown,” Chisnall told the court.
He said there are dangers in showing witnesses a single photo and that it had an "influencing effect" on Wallace later selecting Watson from the montage.
"We say that predisposed the witness to select Watson, which is not a true identification."
He said the court didn’t get the full picture in 1999.
"The gaps and the inaccuracies in the evidence and the submissions that the jury heard underscore in my submission that Mr Watson was the victim of a miscarriage of justice."
But the Crown says the jury was the right decision-maker and knew everything it needed to know.
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