No end in sight for Elliott family

Sophie Elliott. Photo / Herald on Sunday

The family of Sophie Elliott have no end in sight as a planned appeal by her killer, Clayton Weatherston, is delayed - an appeal they argue he should have no right to.

Weatherston, 34, will challenge his conviction for murdering his 22-year-old former girlfriend by stabbing and cutting her 216 times in her Dunedin home in January 2008.

His claim that he was provoked was rejected by a High Court jury.

Currently serving a jail term of at least 18 years, Weatherston was originally scheduled to have a Court of Appeal hearing this week, but it has been put on hold until a new date is set.

A telephone conference involving the lawyers is scheduled for Thursday.

"Goodness knows how long it could go on for," said Miss Elliott's father Gil.

"And the thing about it is we don't get access to any of Sophie's stuff until it's all heard. So this is the sort of person he is. He doesn't care about us, he just cares about himself."

Among Miss Elliott's possessions being held is a diary and her cellphones. The system allowing the case to drag on upsets Mr Elliott, a staunch advocate for victims' rights.

"We don't agree with him being able to have the right to appeal his conviction after a fair trial that lasted 4 weeks and [being] found guilty by a jury of his peers. He should not be able to appeal. But that is the law in New Zealand - that you can [appeal], of course."

The Elliotts are not expecting to see any remorse or apology from Weatherston should his appeal rights be exhausted.

"We just wish he would accept his fate and shut up," Mr Elliott said.

"The only remorse he would show is the fact that he had to spend time in prison."

The family were largely in the dark about the court process.

"Basically we don't know anything about it," Mr Elliott said.

"It's the old story that crimes are against the state, so it's only the state that knows what's going on. The victims don't get to hear about it."

Weatherston's lawyer, Robert Lithgow, QC, could not be reached for comment yesterday.

Weatherston, nicknamed Chucky in prison after the maniacal puppet character in the movie Child's Play, sparked a nationwide outcry over the provocation defence after he tried to place blame on Miss Elliott for the killing.

The defence was subsequently removed from the statute books by Parliament but the move has been criticised by some in the legal fraternity, who have labelled it a kneejerk reaction.