False narrative results in vicious summing up in the Scott Watson Trial
The following summing up by Crown Prosecutor and now High Court Judge Davison resulted from the true evidence being withheld from the Jury. The Crown knew that Scott was not the person who was propositioning young women to take a trip with him on the "only 2 masted ketch in the bay." In fact, the persons who did the propositioning were Crown witnesses, and not a word was raised to the prosecution about those proposals leaving the opportunity to blame that on Scott. In fact, one of those men was a ketch owner.
As you will read the Judge also seized upon that evidence which resulted in a false and damaging attack on Scott's character that was simply untrue. Alone this material could be expected to be enough to result in Scott's freedom. However in the final analysis little is left of the false case against Scott Watson, when one wall falls they all will.
Davison closing excerpts:
“But just you’ll remember the talk about the fact that
he had the only two- master in the bay. I come to you indirectly about that.
The person by the name of Scott had the only two-masted vessel in the bay.
What was he on about, what was he doing going about telling people he had the
only two-masted vessel in the bay? What do you think he was up to? What was he
on about? Sort of mental? What reason would there be for doing something like
that? He didn’t have the only two-masted vessel in the bay, did he? Was he
trying to get people to associate himself with a boat.?
Was he just puffing himself up? And if he was it was just
a matter of some coincidence that he’s talking about ketches. Well, he also
spoke to people about sailing to Tonga.”
“, He said we could have
Prozac tee-shirts if we were part of his crew and Amanda Edger’s said we should
pull ropes and he said sexual favours as well. 2 O’clock and he’s still on the
job, looking for a woman for sexual favours. This was confirmed by Amanda
Edger herself who gave evidence about him, and she said the man that said to
her, described himself as Scott from Wellington, aged 26, well Scott, yes,
Wellington, no, 26 yes. So two details out of three were right and one bit of
misinformation there. He said to Amanda he had the only two-masted ketch in the
bay and Amanda also witnessed what I term the Ollie Perkins incident and she
said she got back to the beach where they were sleeping, hanging out, or
whatever at about 4 a.m. And she identified Mr. Watson from Montage B. There was
also a Kara Brosnahan, she spoke about seeing him at this time, spoke to about
Tonga, Prozac, getting a crew, sexual favours and she too identified Mr Watson
from Montage B and she was taken aback by that suggestion of sexual favours as
you would expect.”
The Judge's closing excerpts:
“And they say
they were sexual motives which had been exhibited throughout the night with a
view to being bold and forward with women with a view to getting them back onto
his boat for sexual purposes. Or, was it
perhaps, as now has been perhaps suggested, that a more immediate motive of anger
and frustration, had been rejected, which made him do what is alleged he
did. He was, the Crown says, uniformly
provocative from a sexual point of view and suggested in that respect, the
Crown says the inference is that he wished to get a female to return to his
boat. The Crown says that the other
inference to draw is that, when he had them both on his boat, that Ben
obviously would be an obstruction to any sexual intentions he had towards
Olivia and that Ben would be disabled, or killed or disabled first, then the
Crown says it is likely that Olivia was killed at a later time.”
Later:
“Wallace,
of course, hears the important words "she can come but he can't" or
something to that effect. And the Crown
says that that statement has the hallmark of Scott Watson and just think of it for a moment, it's an offer of
hospitality um made to people who are in distress, not major distress but some
distress, they had nowhere to go and it's cold and they need somewhere to sleep
and um ah I just say to you well is that what the normal hospitable person
would say? It's provocative, it might
provoke fear or apprehension, or it might just be regarded, as Wallace seemed
to treat it, as a jocular comment and so on.”
“But
it's consistent with the bold and provocative manner that he adopted that
night, you may think, some of his behaviour was probably worse than that and
that is why, along with other reasons, that evidence was allowed. That is the evidence generally. It's important to tell you that a lot of that
evidence which we heard about the exchanges between Mr Watson and other people
at Furneaux Lodge doesn't bring his character into good repute and lowers him
in the opinion of people no doubt. And I've spoken to you on more than one
occasion about this but, Mr Foreman and members of the jury, you will not be
deterred or distracted by any such thing.
Your inquiry is to whether the Crown have sufficient evidence to involve
him in this murder if that is what you find it to be. Bad character on this night, or his actions
on this night to put it more correctly, is only of importance if it goes to
perhaps suggest that these words were typical of what he might say, as the method perhaps of identification having regard to
the way in which he was approaching women generally that night, that his motive
was, as the Crown says, to get somebody on board his boat that night and
this was just the last-ditch effort to do so in the circumstances that had
presented themselves. Thirdly, as a possible motive I suppose, that he harboured a
murderous intention, if you find that to be so, he had expressed earlier ah
some weeks earlier and I'll have something to say about those
conversations shortly.”
Later:
“He characterised
him by his eyes and um
calling them untrustworthy ah that's I think ah
um not a terribly confident I
suppose um description, but nonetheless he identified
him with a photograph which others had found
ah that was suitable and
satisfactory to identify him by, you will recall, in the Ollie Perkins group of
events as part of that.”
The entire evidence
relied upon by then Davison QC in his closing address ignored the truth of the
file, was deliberately picked through and melded into a false narrative. It
can perhaps be seen now why the Watson case was rejected in the NZ COA and
Privy Council as those Courts, like the jury, heard a deliberately driven false
account.
Time will reveal all
the details, but the unavoidable conclusion is that including the 2 hairs evidence
against Scott Watson was either deliberately false or suspect. Even now in 2222, the file is turning up ketch sightings a Furneaux Lodge as seen with the witness Stewart. There are possibly 100s of sightings lost or never recorded.
In the trial summing up, the Judge uses the false evidence to talk of Watson as someone with a grave
character and joins with the Prosecutor in damning Scott Watson for sleazy
behaviour in which the evidence here shows he was not involved. It is likely
this evidence had influenced the Judge to reconsider and allow the evidence of
Mr. and Mrs. C effectively preventing Watson’s right to a fair trial or fair appeals
all the way to the Privy Council. The character assassination was by then complete
and on the public record. The Crutchley report and the work of Pope, Rae,
Fitzgerald, and Rolton played a critical role in that.
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