Weatherston appeals, switches lawyers

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 [1]