Weatherston appeal targets TVNZ

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The judges in the Clayton Weatherston appeal have reserved their decision.

A lawyer acting for Weatherston today accused media of skewing a trial which saw his client convicted of murdering Sophie Elliott at a Court of Appeal hearing in Wellington.

The 34-year-old former Otago University tutor was sentenced to a minimum of 18 years in prison two years ago for the murder of his ex-girlfriend Sophie Elliott - who he stabbed more than 200 times in her parents' Dunedin home in 2008.

He had argued he was provoked by the 22-year-old student into killing her.

That was rejected by the jury and the defence was later repealed by the Government.

Weatherston's lawyer Robert Lithgow said his client did not get a fair trial because his defence of provocation was debated by media before the jury's decision.

It was impossible for someone to get a fair hearing when the defence they were using was being publicly attacked, he said.

He also argued a TVNZ interview about provocation was shown to the jury before they were told to avoid mainstream media.

Mr Lithgow said the trial got way off-track with a "he said, she said" sideshow.

He said the Crown's logic that Weatherston's lies about elements of his relationship with Sophie meant he had a propensity to lie was ludicrous, and shouldn't have been used in court.

However, the Crown says while the timing of the coverage was unfortunate, it was not about Weatherston's case specifically.

It also says it put forward a legitimate and fair argument that he was a liar.

Sophie Elliott's family were in court today to hear the appeal.

Her mother Lesley told media she was nervous about having to relive the painful nightmare of her daughter's death and the ensuing trial again.

"I'm feeling a bit nervous about it, I must admit. It's bringing it all up again."

Mrs Elliot said she just wanted it to be over and done with so they could move on.

Sophie's father Gil told the Herald last year the family had not been able to have their daughter's possessions returned, including her diary, until the appeal process was complete.

"We don't agree with him being able to have the right to appeal his conviction after a fair trial that lasted four weeks and [being] found guilty by a jury of his peers," he said in August.

"He should not be able to appeal. But that is the law in New Zealand - that you can [appeal], of course."

- NZ Herald staff, Newstalk ZB