Tutor admits manslaughter of ex-girlfriend

Published: 7:12AM Wednesday June 24, 2009 Source: ONE News/Newstalk ZB

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The former Otago University tutor accused over the death of his ex-girlfriend says he is guilty of manslaughter but not of murder.
 
And Clayton Weatherston's defence is that he was provoked by his victim, Sophie Elliott.

His unusual admission came at the start of his trial at the High Court in Christchurch on Wednesday, when  the Crown opened its case against Weatherston, 33.

He's charged with murdering 22-year-old Sophie Elliott in her Dunedin home in January last year.

He's accused of stabbing or cutting her over 200 times. The court heard detailed evidence of the extent of her wounds that had previously been suppressed.

The Crown says the wounds prove Weatherston not only set out to murder Elliott, but also to mutilate her.

Weatherston revealed his defence in his first words at the trial.
 
"Not guilty of murder but guilty of manslaughter," he said.

He will argue he was driven to the crime by his former girlfriend.

"The defence case is Dr Weatherston was provoked," said Judith Ablett-Kerr QC, defence counsel.

But prosecutor Marie Grills says he is not only guilty of the murder of Elliott but also sought to mutilate and disfigure her.

"It's no coincidence that some of the clusters of wounds that Sophie received relate to areas of Sophie's beauty and attractiveness," said Grills.

Exhibits include the bloodied knife and scissors used in what the Crown says was a focused and determined attack.

"A significant cluster of 45 stab wounds to the front of the throat, Sophie Elliott's ears had been cut off, the tip of her nose had been symmetrically cut off," said Grills.
 
Weatherston was still at her Dunedin home when police arrived and asked him what he had done.

"He asked 'why did you kill her?' And the accused replied 'the emotional pain that she has caused me'," said Grills.

And the defence says that pain is what caused him to lose control in a tumultuous relationship where the deceased had attacked him with a pair of scissors.
 
"The issue for you at this trial is was he a cold blooded premeditated killer or a man who as a result of provocation had lost the power of self control when he committed this terrible act, because it is terrible," Ablett-Kerr told the jury.

Sophie Elliott's mother, Lesley Elliott, has given evidence, describing their relationship. 

"She said that he made her feel good at times but then he also made her feel like shit," said Lesley Elliott.

She said it was a relationship that was not loving, and strange and that even Sophie had agreed it was going nowhere.
 
Lesley Elliott had entered her daughter's room while the accused continued to stab her.

She will continue giving her evidence on Thursday morning.

The prosecution is calling 31 witnesses.

The trial was due to begin on Monday but was delayed for two days by legal arguments in closed court.

It is not the first hold up in the case. It was moved from Dunedin to Christchurch in February after an application by Judith Ablett-Kerr, but the reasons for the move were suppressed. 

Before jury selection began, Justice Potter told panel members that they must put out of their minds any pre-trial publicity about the case.

She said if they had contributed anything about the case to any internet blog sites, they should also stand aside.

It meant they would not be able to bring independence and objectivity to the case.

A jury of eight men and four women has been selected for the trial.

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