Gil Elliot: Guy trial shows 'imbalance' in justice system

Gil Elliott, father of murder victim Sophie Elliott, says the justice system does not pay enough attention to the victims of crime, as seen in the recent Scott guy trial. File photo / Mark Mitchell

The father of slain student Sophie Elliott says the Scott Guy trial has again shown that murder victims are not represented in criminal trials.

In a letter to Newstalk ZB, Gil Elliott said there was an "imbalance in a system that is supposed to be balanced and fair" and the law was "completely out of date".

"The prosecution are not there in court to defend the victim - that is not their role under the law," he wrote.

"So who speaks for the victim? No one ... the victim is only treated as a target of the case ... as if they were not an individual who had a role in the community and a family who loved them."

Sophie Elliott, 22, was stabbed to death by her former boyfriend Clayton Weatherston in 2008.

Weatherston pleaded not guilty to murder on the grounds of provocation but was convicted and sentenced to 18 years without parole.

His appeal against conviction was dismissed last year.

Ewen Macdonald was this week found not guilty by a High Court jury of killing his brother-in-law Scott Guy at Feilding in 2010.

Mr Elliott said the Macdonald trial had demonstrated a third of court time was taken up by prosecution and the rest by the defence.

"What an imbalance in a system that is supposed to be balanced and fair.

"It has a very negative affect on victims of crime. Criminal courts are not even adversarial with the prosecution only able to give the facts of the case ... and are there to convince a jury on a 'beyond a reasonable doubt basis' that the offender/accused is guilty of the crime.

"Whereas the defence can, and are often, very theatrical and can (impugn) the character of a (dead) victim without any conscience."

Mr Elliott said the lack of victim representation in the courtroom was one of many issues he found while seeking justice for his daughter.

"My feeling is that the current criminal justice system is completely out of date and is not at all suitable for this century or in fact some or all of the 20th century."