Forensic evidence supports manslaughter - defence

Clayton Weatherston admits killing Sophie Elliott but denies it was murder. Photo / The Press, Pool

Forensic evidence from Clayton Robert Weatherston's bag supports the defence claim that the violence had already started before he took out the knife he used to kill Sophie Elliott, defence counsel Judith Ablett-Kerr QC told the High Court today.

She said Miss Elliott's blood was inside the pocket of the laptop bag, where Weatherston said he kept the knife.

"It means the knife was only removed from the bag after she was already bleeding," Mrs Ablett-Kerr told the jury during her three-hour closing address.

The defence has claimed that the attack began with Miss Elliott lunging at Weatherston with scissors after an argument in her bedroom at her Dunedin home on January 9, 2008.

It is citing provocation, saying that after the tumultuous relationship between the 33-year-old University of Otago lecturer and the 22-year-old student, he lost all control when he was attacked.

Crown prosecutor Robin Bates said today in his final address that Weatherston made a deliberate, calm and premeditated decision to kill and mutilate Miss Elliott, his ex-girlfriend.

Weatherston's allegation that he had been attacked with scissors was illogical and not supported by evidence.

"You can't believe what the accused says about what happened before the event. If something reflects badly, he lies about it to avoid responsibility," he said.

"He lies about the events, he rewrites the script and obviously tries to avoid responsibility by suggesting it was Sophie's fault," he said.

But Mrs Ablett-Kerr denied the Crown claim that Weatherston had gone to the house to kill Miss Elliott. He had not expected her to be home when he went to the door - her car was away being repaired.

The argument that took place in the bedroom was typical of their relationship, she said.

"This couple between them hurled insults at each other, they hurt each other verbally and emotionally, all the time. That is what happened on 9th January."

Throughout their relationship, Weatherston had felt his sexual performance and sexual attributes were being challenged. Miss Elliott's diary recounted the kind of torment and psychological abuse Weatherston had to deal with.

"An ordinary man may have been uncomfortable. This man couldn't cope with it at all," said Mrs Ablett-Kerr.

She said Miss Elliott's mother, Lesley Elliott, was a "less than reliable" witness because of the trauma she had been through when she saw the scene in the bedroom.

The trigger for the attack was inside the bedroom when Miss Elliott insulted Mr Weatherston's family and responded to his accusation of infidelity that might require a test for a sexually transmitted disease.

"She lost the plot herself, yelled at him and attacked him with a pair of scissors. That was the straw that broke the camel's back. Far from being a deliberate, planned, calm, premeditated attack, his response was spontaneous and horrific," she said.

"The evidence is that manslaughter was committed here, not murder," she said.

Tomorrow Justice Judith Potter will sum up before the jury retires to consider its verdict. Weatherston indicated on the first day that he would plead guilty to a charge of manslaughter but denied the murder charge.

- NZPA