Wednesday, April 6, 2011

Andrei A Claytons defense

I wasn't going to blog on this, I know more about this case than I can let on but some things need said.

Clayton Weatherston is appealing his conviction and claiming he didn't get a fair trial because the defense he used "Provocation" was coming under attack in the media during the time of his trial.

If he didn't get a fair trial it was down to his lawyers allowing him to use this defense. What they seemed oblivious to was how outraged the general public (and presumably the jurors) where becoming with Mr Weatherston's attempts to shift the blame for his actions onto his victim.

And it should have been obvious to his council that this would be the net result of taking this tack.

He is now one of the most loathed people in this country and the defense of provocation is no longer available - it should be in my view. There are factors of the victims behaviour prior to the crime that may be highly relevant to the defense.

In fact Clayton Weatherston's misuse of the provocation defense was a gift horse to those who wanted it off the statute books

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