I want to conclude with words to two people, Clayton Weatherston and Sophie. Clayton, I cannot forgive you. Your despicable actions have only been compounded by the selfish way you chose to destroy Sophie’s reputation as well as her life. I will let people decide who was the saint and who was the sinner in this terrible tragedy. I have a Christian faith that has taken a fearful battering. You have made me question that faith. I even worry that my inability to forgive you might preclude my eventual entry to Heaven, but if God has any compassion he won’t deny me entry.
My final word is to you Sophie. What do I want to see come out of your untimely death? I want better rights for the families of murder victims. I want a judicial system that is not only more fair and equitable but one that truly cares for victims. I want to see your Foundation grow so that other young women will avoid the fate you certainly did not deserve. But most of all, Sophie, I want you back. My life is empty without you. I have tried to write this story as best I can but no one, no matter how eloquent they may be, can truly describe how I feel — it simply takes more than words.
addendum—
Wednesday 6 April 2011 had been hanging over me like a dark cloud for months. Walking down Wellington’s Molesworth Street I felt apprehensive and nervous. Was this real? I was about to enter a courtroom to hear details of how Sophie died yet again. Ahead of me television cameramen, photographers and reporters were spread across the footpath. As I neared them they encircled me allowing no means of escape. Thrusting microphones toward me they fired a barrage of questions. ‘How do you feel Lesley?’ ‘Should you even be here?’ ‘Do you think an appeal is fair?’
Walking up the steps to the Court of Appeal I could feel emotions sweeping over me. What would be the substance of Weatherston’s appeal against his conviction? How will I react listening to the same old lies about Sophie? And worse still, what if the Appeal Court judges are persuaded to order another trial? It was now 39 months since Sophie had died and I wondered when this ordeal would ever end.
Robert Lithgow QC appeared for Weatherston who was now referred to as ‘the Appellant’. He outlined Weatherston’s case and while he argued on numerous points he concentrated on two. The basis of the submissions was that Clayton Weatherston could not and did not get a fair trial. One major argument was that the Crown had, through the way they carried out their cross-examination, inferred that Weatherston had a propensity to lie. If he was prepared to lie about some things unrelated to Sophie’s death then surely he was lying about Sophie attacking him. Lithgow submitted if that was so then, on a point of law, it was unfair.
His second major argument was how could Weatherston have a fair trial when influential people were publicly debating the use of provocation as a defence to murder? Much of what was being said was confusing but the interplay between Mr Lithgow and the three judges was mildly amusing. Less amusing, however, was having to sit quietly as Sophie was once again cast as the villain, the instigator of Weatherston’s brutal attack on her. At times I had an overwhelming desire to jump to my feet and implore the judges not to believe what was being said. I had been in the house when Sophie died. I had heard what took place and seen more than I wanted. Mr Lithgow was going on Weatherston’s version of events, and what was being said — though I had heard it all before — hurt me more than I expected it would.
The Crown, through Cameron Mander, argued that Weatherston did have a fair trial and countered Mr Lithgow’s criticism of the trial judge and Weatherston’s defence counsel. But none of that made me feel any better. After a full day’s hearing Justices O’Regan, Chambers and Randerson reserved their judgment. When they rose to leave the court we were no closer to resolution. Some media commentators speculated that the decision might not come out until the end of the year. If so that will be four years since Sophie’s untimely death. This wait for justice has been so cruel.
Many of Mr Lithgow’s comments were directed at what Sophie supposedly did and I found that painful. I had no opportunity to defend her or respond in any way. At one stage, when talking about the public debate surrounding provocation, Mr Lithgow suggested it might have been better if the original trial had been abandoned because of the ‘tsunami’ of public opinion about provocation. This would give time for the ‘dust to settle’. For me that was a most unfortunate choice of words. We had already waited a long time for the trial and it had been postponed twice. To even contemplate abandoning it because of comment going on outside of our control was unthinkable. Besides, for us the dust doesn’t ‘settle’. Attending the Court of Appeal and listening to Weatherston’s attempts to diminish his responsibility was like standing in a sandstorm. My hope now is that the Court of Appeal will give their judgment sooner rather than later. I would dearly love to have the judicial side of this nightmare finally closed.
Appendices:
appendix 1—
Elliott family schedule of court appearances:
1. 10/01/08: The accused remanded in custody for one week with name suppression.
2. 17/01/08: Name suppression lifted, accused remanded in custody for five weeks.
3. 21/02/08: Argument in court over legal representation. The matter was adjourned for one week while counsel sorted out who would represent the accused.
4. 28/02/08: QC Judith Ablett-Kerr was engaged to represent the accused. The depositions hearing was set for 26 May 2008.
5. 26/05/08: Depositions hearing over four days.
6. 03/07/08: A scheduled pre-trial hearing was cancelled as there were no issues to put forward.
16/07/08: Pre-trial hearing back on. Matters of psychiatric evidence were heard.
7. 04/08/08: Pre-trial arguments were presented by the defence. These included:
* A suggested change of venue for the trial.
* The exclusion of some of the arresting officer’s evidence.
* Exclusion of the 111 emergency call recording.
* Exclusion of hearsay evidence.
* Exclusion of evidence from a previous girlfriend of the accused.
8. 23/10/08: Pre-trial hearing considered:
* Aspects of provocation as a partial defence.
* The 111 call.
* Exclusion of some of the arresting officer’s evidence.
* Exclusion of the video interview with the accused at the police station after his arrest.
* Affidavit for change of venue to be before the court by 1 December (defence) and 19 December (Crown).
9. 17/02/09: Pre-trial hearing in Christchurch to discuss:
* Change of venue.
* Trial date set for 25 May in Christchurch.
09/04/09: Trial date reset for 8 June as some evidence was not ready.
28/05/09: A second postponement of trial! This was because arguments over the admissibility of Sophie’s diary were to be considered.
10. 22/06/09: The trial finally began in the Christchurch High Court. The accused was found guilty of murder on 22 July 2009 and remanded to 15 September for sentencing.
11. 15/09/09: Clayton Robert Weatherston was sentenced to life imprisonment with a non-parole period of 18 years. This had been reduced from 19 years as it was his first offence!
12. 06/04/11: An appeal against conviction was heard in the Court of Appeal, Wellington. The panel of three judges reserved their decision.
At the time of the appeal hearing, 39 months had elapsed since Sophie was murdered. So far I have spent 34 days (or part days) in court and it is still not over!
appendix 2—
The Sophie Elliott Foundation
‘Violence prevention through education, awareness and empowerment of young women.’
www.sophieelliottfoundation.co.nz
Aim:
The Sophie Elliott Foundation aims to fund a primary prevention programme to prevent violence against women by raising awareness about the signs of abuse in dating-relationships. We also wish to raise awareness with their friends and family so they too will recognise the signs, without blame or judgement.
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There is currently no national programme in place that teaches our young people how to recognise the warning signs that put them at great risk of harm.
What happened to Sophie could have happened to anyone.
Therefore, we aim to raise funds from New Zealanders and the business community to set up a nationwide safe relationship education programme.
We also aim to encourage young and adult men to actively oppose violence against women, and to promote a culture of non-violence and respect. We acknowledge that the vast majority of men in New Zealand are caring and loving partners, and we seek their partnership.
appendix 3—
Classic signs of abuse
Psychological:
This is about things that make you feel you are going crazy. Typical examples are name calling, manipulation, power and control.
Possessiveness:
Isolation from family and friends. Controlling your life, telling you what to wear, how to have your hair. Makes decisions for you. Entitlements. ‘Give him another chance’. Jealousy.
Physical abuse:
Assaults (crime), hitting, strangling, biting, kicking, punching, pulling hair, holding you down. Threats to assault or kill a pet.
Threatens suicide:
Changeable behaviour, volatile. Blames you for his problems. If you don’t do what he wants says he will kill himself.
Sexual abuse:
Unwanted sex (rape), controlling, making you do things you don’t want to. Unwanted touching. Making you watch porn. Sex without contraception, saying it’s your problem.
Communication:
Erratic, keeps you dangling.
Economic:
Controlling your finances, only letting you have access to small amounts of money. Giving you an allowance. Not willing to contribute, e.g. when flatting.
Spiritual violence:
Putting down your beliefs. Prohibiting you from pursuing your cultural beliefs.
www.sophieelliottfoundation.co.nz
Contacts:
Abuse is not OK. Don’t be afraid to ask for help. The following agencies can provide confidential advice and guidance.
Police
Dial 111 in an emergency if you feel threatened or unsafe.
If not an emergency, make an appointment with the family violence team at your local police station.
Women’s Refuge
Free call 0800REFUGE or 0800 733 843
(available 24 hours).
Youthline
Free text 234 or free call 0800 376 633.
Shine
Free call 0508 744 633.
Helpline operating from 7.30am to 11pm, 7 days a week.
High school counsellor: .........................................
Tertiary student health: .........................................
To find out more about local services call the ‘It’s Not OK’ information line. Free call 0800 456 450
william j o’brien—
After retiring from a 35-year career with the New Zealand Police, Bill O’Brien took up writing as an alternative career. His best known work is also his first book, Aramoana — Twenty-two Hours of Terror, which subsequently became the basis for the film Out of the Blue. He has gone on to write both fiction and non-fiction for adults and children.
In 2007 he was a finalist in the New Zealand Post Children’s Book Awards with his junior fiction novel, Castaway — the diary of Samuel Abraham Clark. During 2008 he held the Fellowship of Children’s Writer in Residence at the University of Otago’s College of Education. Bill also writes extensively for school-based publications in New Zealand, Australia, the United States and Canada covering a wide range of topics. He also conducts regular creative writing classes for children and adults.
Because Sophie’s Legacy is a personal book for him, Bill chose to write using William J O’Brien as a mark of respect to the memory of Sophie, and her mother, Lesley Elliott.
lesley elliott—
Lesley Elliott is a wife, mother of three, a nurse (for 30 years) as well as being a lactation consultant. She has been an active member of the New Zealand Nurses Organisation as the union representative for the Southern Region, has been on the Board of Directors for four years and also as deputy vice-president.
She now undertakes the biggest and most important role in her life, that of fulfilling the legacy to her late daughter, Sophie. They shared a close mother/daughter bond, something Lesley is really grateful for now. Although Lesley knew she would miss Sophie when she moved to Wellington, little did she know what lay ahead. This is ‘their story’.
Just hours old. Sophie Kate Elliott (born 11 June 1985) with her ‘big’ brothers Nick and Chris.
A real ‘girly’ girl, Sophie at 18 months, 1987.
Dame Margot step aside. Sophie aged six and ready for a ballet exam, 1991.
Off to church. Sophie aged four with brothers Nick and Chris, 1989.
Sophie aged four. I loved making her clothes and often dressed her dolls to match.
‘Lady in Red’ — Sophie aged 16 in a secondary school stage challenge performance.
Ice Maidens. Sophie with close friends Clara (left) and Lindsay enjoying ice skating, 2005.
Our family, 2005.
Celebrating my birthday in Central Otago, a place we loved so very much, October 2006.
No longer just siblings, more like friends. Sophie with brothers Chris and Nick, 2006.
Sophie and Kade. She adored him and soon after Sophie died, so did Kade.
Sophie at home with her dad, 2007.
When the music stops. Sophie meeting up with brother Chris and his band at a Melbourne gig, November 2007.
Energy! One word that could sum up Sophie. She loved to express herself through dance and movement.
A natural beauty (or am I biased?). Sophie at a friend’s 21st celebration.
Even when casual, Sophie looked great.
Sophie the student. She set herself high goals and always achieved them.
Sophie with her maternal grandfather (Christmas 2007) a few weeks before she died. This was the last time my father saw Sophie. Her death hit him hard.
Soph relaxing in Sydney just weeks before she died.
I took this photo in our hotel as Sophie left for an interview with the Treasury. Outwardly she appeared poised and confident, but inwardly she was stressed to the max.
A proud but sad moment. Sophie’s brother Chris receiving her first-class honours degree to a standing ovation, May 2008.
My beautiful daughter Sophie; a vivacious young woman with a nature that matched her beauty.
Justice Judith Potter. She handled a difficult trial well, but I felt let down at sentencing.
Crown solicitor Robin Bates assisted by Marie Grills. Competent prosecutors but I always felt at arm’s-length from them.
The formidable Judith Ablett-Kerr QC, ably assisted by Greg King. I can’t imagine their client having a better defence team.
Clayton Robert Weatherston; the accused at his trial, July 2009.
‘RIP Sophie, We got the bastard!’ A message that mysteriously appeared beneath Sophie’s memorial tree following the guilty verdict.
Early in the inquiry police offered us media training. We couldn’t think why it would be necessary! July 2009.
A wonderful gesture. The love quilt presented by my nursing friends in the neonatal intensive care unit. They had made this tribute to Sophie within two months of her dying.
The unveiling of Sophie’s plaque and dedication of the memorial blossom tree at the University of Otago, March 2008.
The Sophie Elliott Foundation logo, styled on drawings Sophie had once sketched herself.
Soph often drew sketches to accompany notes she wrote to family and friends.
Copyright
All royalties from the sale of this book will go to the Sophie Elliott Foundation, a charitable trust set up to fund a primary prevention programme to prevent violence against women by raising awareness about
the signs of abuse in dating-relationships.
Photographs are from the Elliott family collection unless otherwise stated.
A LONGACRE BOOK published by Random House New Zealand 18 Poland Road, Glenfield, Auckland, New Zealand
For more information about our titles go to www.randomhouse.co.nz
A catalogue record for this book is available from the National Library of New Zealand
Random House New Zealand is part of the Random House Group New York London Sydney Auckland Delhi Johannesburg
First published 2011
© 2011 Lesley Elliott & William J O’Brien
The moral rights of the author have been asserted
ISBN 978 1 86979 596 2
This book is copyright. Except for the purposes of fair reviewing no part of this publication may be reproduced or transmitted in any form or by any means, electronic or mechanical, including photocopying, recording or any information storage and retrieval system, without permission in writing from the publisher.
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