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Clayton Weatherston - Source: ONE News -
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The jury in the Clayton Weatherston trial in Christchurch will resume deliberations on Wednesday as they try to decide whether Sophie Elliott's death in January last year was manslaughter or murder.
Weatherston, a former Otago university tutor, admits killing Elliott, his former student and girlfriend, in her Dunedin home in January last year.
The defence argued Weatherston was provoked to attack Elliott and stab her 216 times and is guilty of manslaughter not murder.
The prosecution said Weatherston made a deliberate, calm and premeditated decision to kill and mutilate Elliott.
The Elliott family stood to acknowledge the jury along with the accused as they filed out to consider their verdict just after 1pm Tuesday.
The 11 men and women on the jury were called back in after just half an hour. The defence had asked the judge address them on three more issues. The jurors had a walk to clear their heads at about 4.30pm and retired for the night shortly after 5pm.
In her summing up, Justice Potter told the jury that the pivotal matter they must consider is whether the accused was acting under provocation when he killed Sophie Elliott.
"Has the Crown proved that when the accused killed Sophie Elliott he did so with murderous intent?" Potter said.
That is the question the jury is considering.
"Has the Crown proved that the accused was not acting under provocation when he killed Sophie Elliott? That, I suggest, is the pivotal issue in this case."
Justice Potter gave a questionnaire to the jury, outlining what they must consider to come to the right verdict.
"Did the accused, when he killed Sophie Elliott, intend to kill her?"
If satisfied beyond reasonable doubt a murder was committed, Potter told them they must then decide whether the defence of provocation can be applied.
"Was there something done or said by the deceased Sophie Elliott which deprived the accused of the power of self control and induced him to kill?"
In her summary, she read out the defence allegation that Elliott lunged at Weatherston with a pair of scissors.
"The Crown says the accused has made up these things and you
should reject the accused's evidence ," Potter said.
She also said they must decide if they accepted the accused had
narcissistic, obsessive traits and "whether such a person ought to
have been able to resist provocation".
She told the jury in the end, they must be dispassionate.
"Put aside any concern you may have about the consequences for the accused Clayton Weatherston of a verdict of guilty of murder, any feelings of horror or disgust about the nature of the injuries inflicted on Sophie Elliott, any feelings of sympathy for the deceased Sophie and her family or for that matter for the Weatherston family."
Potter said that the jury must act as a judge would when deciding whether Weatherston is guilty of manslaughter, or murder.
The will resume their deliberations at 9.30am Wednesday.
When the verdict is delivered ONE News and tvnz.co.nz will have all the reaction and analysis.
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