Youth recalls Olivia's complaint

By Eugene Bingham and Alison Horwood

Olivia Hope's angry words about extras sleeping on the yacht she had chartered were thrown back at her, the High Court at Wellington heard yesterday.

One of the youths who ended up sleeping on board the overcrowded Tamarack told the Scott Watson double murder trial he was snuggling into a small space inside when he heard Olivia complaining.

"She was explaining she did not believe a lot of people should have been there," said Duncan James Collins, a Christchurch student.

"Someone piped up and said,'What about Ben? He's not supposed to be here'."

Mr Collins had travelled to the Furneaux Lodge party with Ben Smart from a bach where they were staying in Punga Cove.

He told the jury he missed his ride back to the bach and ended up going to Tamarack on a water taxi with one of Olivia's friends.

After initially lying down on deck, he found a small space inside the cabin and settled down to sleep.

The court has heard that by the time Olivia and Ben arrived back at Tamarack early on New Year's Day, it was full.

Olivia was angry she did not have a berth on the yacht she had chartered with eight others.

Asked whether he paid much attention to the altercation, Mr Collins said: "I was more intent on trying to get to sleep."

Olivia and Ben hitched a ride on a water taxi to shore to look for a place to stay. It is alleged Watson was a passenger and invited the couple on board his yacht, Blade. They have not been seen since.

Mr Collins told the court he and others went ashore to look for Olivia and Ben in the morning.

There was no sign of them. "A few of us got annoyed and angry. 'Where are they? What's going on?'"

He caught a ride on Tamarack back to Punga Cove, where the search continued.

Melissa Anne Smitheram, of Blenheim, said she saw Ben and Olivia with their arms around each other about 12.45 am at the lodge's jetty.

The couple were asked by a woman what boat they were on, and Ben joked they wanted to go on a Tiki Tour around the Marlborough Sounds.

"[The woman] said there were no boats at that time and they laughed and walked away," said Miss Smitheram.

A Christchurch student, Georgina Louise Studholme, described how she and Ben danced and kissed during the party at Furneaux Lodge.

"We had a dance and then I think we kissed and then we went outside," she told the court. Miss Studholme said they met up at about 9.30 pm and spent about half an hour together.

"He was really good, full of life, but that was Ben."

Ben had been drinking but was "more sober than he normally is," she said.

Kerry James Hammond heard Olivia and Ben arrive back at Tamarack about 3 am. Ben struggled to get on board.

"I think it took him two goes. I asked him if he was having a bit of trouble," he said.

Earlier in the day, Rebecca Mary Smart told the court her little brother, Ben, was in the prime of his life when he disappeared.

The 21-year-old had just finished studying and had applied for several jobs as an engineer.

"It was a really exciting time of life for him," she said.

He was planning to stay at Miss Smart's Wellington flat to attend the Radiohead concert in January, for which he had already bought tickets. His band was booked to play at some 21st parties.

Miss Smart said she and Ben were very close, kept in regular contact and he confided in her about everything.

She saw her brother several times during the celebrations at Furneaux Lodge and said he was in high spirits.

She last saw Ben about 12.50 am as she was leaving the lodge grounds.