Clayton
Weatherston has lodged an appeal against his murder
conviction, but is no longer being represented by Dunedin
lawyer Judith Ablett-Kerr QC.
Mrs Ablett-Kerr, who led the Weatherston defence at trial,
did not say yesterday why she was no longer acting for
Weatherston.
Following the trial, there were reports she had received
death threats and had acid thrown on her car.
Wellington lawyer Robert Lithgow QC told Radio New Zealand
last night he had been asked to go over the Weatherston file
and provide an opinion on which grounds could be used for an
appeal.
He had made no decisions but said he was mindful
Weatherston's convictions came about after the public's
"constant baying for blood", which he believed was not the
way trials should be decided.
On September 15, Weatherston, a former University of Otago
research fellow and tutor, was sentenced to life in prison
with a minimum non-parole period of 18 years after he was
found guilty of murdering his former girlfriend, 22-year-old
Sophie Elliott, in her Ravensbourne home.
Through the trial, Weatherston said he would admit a charge
of manslaughter, not murder, with the defence claiming
provocation.
After a four-and-a-half-week trial, the Christchurch jury
rejected Weatherston's claims Miss Elliott came at him with a
pair of scissors on January 9, 2008. They found him guilty of
murder for stabbing her 216 times in her bedroom and
mutilating her.
Sophie's mother, Lesley Elliott, and father Gil said last
night they were not surprised Weatherston was appealing. Both
she and her husband were confident his appeal would not be
successful.
"It's just not right," Mr Elliott said. "He should not be
allowed the right to appeal. He was found guilty by a group
of his so-called peers after a four-and-a-half-week trial. He
made us wait 18 months for that and he has never shown any
remorse, and now he has the cheek to go and do this."
University of Otago professor of criminal law Kevin Dawkins
said usual grounds for appeal were that the verdict was
unreasonable or could not be substantiated by the evidence;
there was a miscarriage of justice; or that the jury was
misdirected on a point of law.
Weatherston's mother, Yuleen Weatherston, declined to comment
when contacted yesterday.
Weatherston does not need to be granted leave to lodge an
appeal.
Any person convicted on an indictable charge (such as murder)
has the right to directly appeal the conviction and/or
sentence (unless the sentence is one fixed by law) to the
Court of Appeal.
Yesterday was the last day Weatherston could lodge an appeal,
which must be lodged within 28 days from the date of
sentence.
The Court of Appeal registrar said the appeal hearing would
not happen "for some time".
- debbie.porteous@odt.co.nz
Weatherson
How can he ever be let out of prison? He will never be safe. I wonder why we don't have preventive detension for murderers.
And guess who will be paying...
The taxpayer. Refuse legal aid and he might be thinking twice. As Dunners has said, the only right decision would be an increase in the non parole period.
The show goes on
The on going show that Clayton Weatherston and his "team" ( new and old) of lawyers seem to be pursuing is making the anguish and pain last for the Elliotts.
Weatherston appeal
Weatherston's conviction came about because he murdered and mutilated Sophie Elliott in cold blood, blamed the victim for his actions and refused to display any remorse at all. Putting the family through an appeal after all they have been through is disgusting. The only good thing that might come about is the possibility that his non-parole period might be increased. Now that would be justice.