Weatherston jury expected to begin deliberations

The prosecution says Weatherston was clearly in control when he fatally stabbed and cut Sophie Elliott 216 times. Photo / The Press, pool

Clayton Weatherston's fate is likely to be in the hands of a jury today after the two sides in his murder trial traded blows over whether he was provoked into the horrific killing of his former girlfriend.

The prosecution says Weatherston was clearly in control when he fatally stabbed and cut Sophie Elliott 216 times, and that he has failed to take any responsibility or show any remorse since.

"I'm sure everybody in this court would turn back the clock if they could," prosecutor Robin Bates told the High Court at Christchurch yesterday.

"There's no indication, from this accused, that is what he would do."

But Weatherston's defence team says he has an abnormal character that does not allow him to say sorry, and it is this character, combined with scientific evidence, that means he cannot be guilty of murder, even if the jury do not like it.

"He went on stabbing this young lady long after she was dead. That's not the action of a man who the Crown would say was normal," said Weatherston's lawyer, Judith Ablett-Kerr, QC. "This was the action of a man who had totally lost it."

Weatherston was a "coiled spring" after a torrid relationship with Ms Elliott.

"And the trigger that unleashed that spring was what occurred in the bedroom between the two of them when Sophie Elliott, no doubt in anger herself, and frustration, insulted his family yet again, responded to his accusations of infidelity and the need for sexually transmitted disease tests," Mrs Ablett-Kerr said.

"She lost the plot herself when she yelled out 'f*** you, Clayton' and attacked him with a pair of scissors and knocked his glasses off ... this was the straw that broke the camel's back."

Mrs Ablett-Kerr pointed to evidence of blood in a computer bag that Weatherston had taken to Ms Elliott's home with him as "absolutely crucial". The blood was in a pocket where Weatherston had stored the knife he used to kill Ms Elliott.

"The knife was only removed from the bag after Sophie Elliott was already bleeding."

This, Mrs Ablett-Kerr said, supported the theory that Ms Elliott attacked Weatherston first with the scissors, which were from the Elliott household.

Mr Bates said Weatherston had lied and sought to "rewrite the script" of the killing and incidents beforehand where it is alleged he assaulted Ms Elliott.

Nothing said or done by Ms Elliott deprived Weatherston of self-control. Ms Elliott's mother, Lesley Elliott, was in the house when her daughter was killed and all she heard was her daughter saying, "Stop it, Clayton" or "Don't, Clayton," and frightened screams.

Mrs Elliott was unable to unlock her daughter's bedroom door as the attack was taking place, which was the result of Weatherston locking it, Mr Bates said.

"The die is cast, the decision is made when he locks the door."

But Mrs Ablett-Kerr said of Mrs Elliott's testimony: "What she saw on that day, and the trauma she went through must, unfortunately, make her a less than reliable witness as far as detail is concerned."

The comment drew gasps from the public gallery, and caused some of the Elliott family to walk from the court.

Mr Bates yesterday questioned the extent of Weatherston's narcissism and personality disorders, as outlined by two defence psychiatrists.

This prompted a sharp response from Mrs Ablett-Kerr, who said experts at the top of their fields had given evidence and it was not for Mr Bates to raise doubt after the fact.

* On trial

Clayton Robert Weatherston, 33, is charged with the murder of Sophie Elliott, 22, in Dunedin on January 9 last year. Weatherston accepts he is guilty of manslaughter, but denies the charge of murder.

His defence is that he was provoked by the emotional pain he suffered, and by Ms Elliott attacking him first with a pair of scissors.

Justice Judith Potter will sum up the case to the jury of 11 people today before they begin their deliberations.