Weatherston to appeal murder conviction today

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The Court of Appeal will today hear the appeal by Clayton Weatherston against his murder conviction.

The 34-year-old former Otago University tutor was sentenced to a minimum 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 parent's Dunedin home in 2008.

The hearing was to begin at the Appeal Court in Wellington at 10am.

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

This defence was rejected by the jury and Weatherston was sentenced to life imprisonment with 18 years non-parole.

Weatherston's appeal is expected to focus on how his defence of provocation was undermined during his trial. The provocation defence was repealed the following year after public outrage.

Miss Elliott's family are to be court today to hear their daughter's killers appeal.

Her mother Lesley told Fairfax Media she wanted the appeal to be over, having already had the appeal delayed twice. It was scheduled to be heard last May.

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

"We don't agree with him being able to have the right to appeal his conviction after a fair trial that lasted 4 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