Killer tries again for appeal cash

Sophie Elliott. Photo / Supplied

Killer Clayton Weatherston has been knocked back in his bid to have the taxpayer fund his appeal against his murder conviction. But he has not given up.

An application for legal aid made on Weatherston's behalf to the Legal Services Agency has been declined.

But the LSA's decision has been challenged through the Legal Aid Review Panel. Weatherston's lawyer, Robert Lithgow, QC, said it was the first time in his career an application he made had been declined like this. Part of the argument over the legal aid issue was "who is calling the shots", Mr Lithgow said.

The most up-to-date figures from the LSA show Weatherston, 34, has had $231,504 in legal aid for his defence against the charge of murdering his former girlfriend, Sophie Elliott, in January 2008.

Sophie Elliott's father, Gil Elliott, said he was encouraged by the LSA's decision to decline Weatherston's latest bid.

The thought of the taxpayer funding his appeal was "repugnant", Mr Elliott said.

"If he's having difficulty getting legal aid, all well and good. I don't know where he will get his money from, but it won't stop him [appealing] I'm sure."

The LSA considers various issues when deciding if legal aid should be granted for an appeal, including the likelihood of success and whether it is in the "interests of justice". It initially granted Weatherston $6456 to enable his lawyer to prepare a "summary of issues" detailing the grounds of his appeal. This summary was given to the LSA for consideration.

Legal aid grants may include money to pay for a lawyer's time, expert witnesses, forensic tests, investigators and office costs.

Weatherston's appeal was to have been heard this week, but is now set down for April 6 next year.