Weatherston's lawyer: Crime horrific - but not murder

Clayton Weatherston in court. Photo / The Press / Pool

Clayton Weatherston has admitted the "horrific" crime of killing his former girlfriend but it is ludicrous to suggest he is guilty of cold-blooded murder, his lawyer said today.

Weatherston, 33, has admitted stabbing or cutting his ex girlfriend and student Sophie Elliott 216 times on January 9 last year.

However, the former Otago University economics lecture denies murder, arguing he lost control after being provoked by Miss Elliott, 22, with whom he had had a tumultuous relationship.

Weatherston is expected to give evidence this afternoon.

In the defence opening today, Weatherston's lawyer, Greg King, told the jury that Weatherston would give evidence about what had brought him to this point, and "starts very much behind the eight ball".

"And no-one is asking you to like him. What we are asking is that simply you listen to him."

Mr King said it was a horrific crime and Weatherston was guilty of an extremely serious offence, which was manslaughter.

"So no-one is suggesting that he be allowed to walk away from this trial a free man."

Manslaughter was not a light option.

"It in no way minimises the grief or the trauma that (Miss Elliott's) family and friends have undoubtedly experienced."

"And equally, it in no way suggests that Miss Elliott was in any way to blame."

Mr King said it was ludicrous to suggest Weatherston was a cold-blooded killer who had planned to murder Miss Elliott.

When he went to Miss Elliott's home on January 9 last year, he had a knife with him that was much less sturdy than those he could have chosen. The knife he used to stab and cut Miss Elliott with is one that he carried routinely with him, Mr King said.

In Miss Elliott's bedroom, Weatherston made a comment to her about whether he should be tested for a Sexually Transmitted Disease, which caused Miss Elliott to become upset and distraught, swear at him and lunge at him with a pair of scissors, Mr King said.

Weatherston's glasses were knocked off and "he was gone".

"He had lost his ability to control himself. He had lost his ability to refrain."

"You know what he did. And it's horrific. Just horrific."

Mr King said the relationship between Weatherston and Miss Elliott was just too difficult for Weatherston to deal with.

It wasn't just an "affair of the heart".

"It intruded, it encroached, into his professional life."

Mr King asked the jury to put emotions aside and concentrate purely on the evidence in the trial "impossible as it may seem".

Four other witnesses will give evidence in Weatherston's defence - a professor in the university economics department Weatherston was part of, Weatherston's optometrist - in relation to his ability to see after his glasses were knocked off - and two eminent psychiatrists on Weatherston's "vulnerable" mental state.

The prosecution finished their case in the trial earlier today.