Law society appalled at Weatherston lawyer abuse

Judith Ablett-Kerr, QC, represented Clayton Weatherston during his murder trial last month. Pool photo

Directing abuse towards Clayton Weatherston's lawyer is misplaced and unacceptable, says the New Zealand Law Society's president.

John Marshall QC said those who directed anger at Judith Ablett Kerr QC following the trial in which Weatherston was found guilty of murdering former girlfriend Sophie Elliott displayed a fundamental misunderstanding of the lawyer's role.

Ms Ablett Kerr had acid thrown over her car during the Christchurch trial and has reportedly been subject to hate mail and death threats.

"This abusive and threatening behaviour directed against a lawyer who is simply doing her job is totally unacceptable and the Law Society regards it very seriously," Mr Marshall said today.

"It is natural that people are angry and distressed by such cases but they are quite wrong to identify the lawyer with the client's actions.

"Those who question why Judith Ablett Kerr "chose" to defend Clayton Weatherston need to realise that a lawyer actually has no choice in the matter. The general rule is that lawyers must accept the clients who ask them to act for them."

Mr Marshall said under the Bill of Rights Act 1990 anyone arrested and charged had the right to consult and instruct a lawyer, and the right to present a defence.

"More precisely, under their professional rules, a lawyer must not, without good cause, refuse to accept instructions from any prospective client for services within that lawyer's fields of practice."

The personal attributes of the client and the merits of the case were not considered good cause for refusing to accept instructions.

Weatherston is awaiting sentence after being found guilty last month for the frenzied 2008 attack on Ms Elliott, during which he stabbed her over 200 times.

Ms Ablett Kerr argued he was guilty of manslaughter but not murder, using the defence of provocation to argue the case.

- NZPA