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The killing of Sophie Elliott in her Dunedin home has triggered debate about the defence of provocation and the Justice Minister has signalled the defence rewards a "lack of self control".
The Eilliott family say their daughter was revictimised by the defence and was more or less put on trial after her violent death.
"On that particular day, the 9th of January, there was no provocation...so it was offensive to have that brought up," her mother Lesley says.
And Sophie's father Gil says it seemed like about two thirds of the trial was about Sophie, with entry after entry of their daughter's diary being read out in court.
But convicted murderer Clayton Weatherston may be the last killer to argue he was provoked, with Simon Power pushing fast for a law change.
"We're quite amazed," says Gil.
And Women's Refuge agrees it's time for a change.
"He was a man who turned up to her house with a knife in his bag...stabbed her 216 times, mutilated her body and then went on to destroy her soul...to use that as a defence, to say he was driven to it, I think is outrageous," says spokeswoman Heather Henare.
However, many lawyers believe the defence of provocation still has its place in New Zealand courtrooms, despite the fact it's often unsuccessful and could be too complex for juries to understand.
"We all have a breaking point there's no doubt about that... and sometimes in a provocation case it's the straw that breaks the camel's back," says Peter Williams QC who is concerned about what has brought about this call for change.
"Law changes should be made in an atmosphere of detachment... not knee-jerk reactions to one particular case," says Williams.
Meanwhile Sophie's parents face another legal ordeal at Weatherston' September sentencing when they hope justice will finally be done for their daughter.
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Add a Comment:
Post new commentrobert gregory said on 2009-07-23 @ 18:44 NZDT: Report abusive post
I don't agree with it being scrapped. It has its place for defense. If people don't like it cause the victims name is slurred, then think of it this way, the only people that need to hear the defense is the jury, the media don't need to report it, perhaps thats the real problem
honeterire said on 2009-07-23 @ 18:20 NZDT: Report abusive post
from 'TRAVERSE CAUTIOUSLY' People should think carefully before making knee-jerk reactions to change the law re. Provocation. The process of the Law must prevail
Mieleke said on 2009-07-23 @ 17:52 NZDT: Report abusive post
Disagree completely. Provocation should be at least a mitigating circumstance. After all, if you provoke a police officer he'll be quite happy to shoot you dead and get away with it.