This article is from the source 'bbc' and was first published or seen on . It will not be checked again for changes.
You can find the current article at its original source at http://news.bbc.co.uk/go/rss/-/1/hi/world/asia-pacific/6170977.stm
The article has changed 7 times. There is an RSS feed of changes available.
| Version 3 | Version 4 |
|---|---|
| Questions over Falconio evidence | Questions over Falconio evidence |
| (10 minutes later) | |
| The girlfriend of murdered British backpacker Peter Falconio gave unreliable evidence in his killer's trial, an Australian court has heard. | The girlfriend of murdered British backpacker Peter Falconio gave unreliable evidence in his killer's trial, an Australian court has heard. |
| Bradley Murdoch, 47, is appealing against his conviction for the murder of Mr Falconio, 28, of Huddersfield. | Bradley Murdoch, 47, is appealing against his conviction for the murder of Mr Falconio, 28, of Huddersfield. |
| Ian Barker QC told a Darwin court Joanne Lees' identification of Murdoch in a line-up was flawed because she had seen his picture on the internet. | Ian Barker QC told a Darwin court Joanne Lees' identification of Murdoch in a line-up was flawed because she had seen his picture on the internet. |
| He also raised doubts about her identification of Murdoch's dog. | He also raised doubts about her identification of Murdoch's dog. |
| Murdoch was convicted of shooting dead Mr Falconio on an outback road north of Alice Springs in 2001, threatening Miss Lees, of Brighton, with a gun and tying her up. | Murdoch was convicted of shooting dead Mr Falconio on an outback road north of Alice Springs in 2001, threatening Miss Lees, of Brighton, with a gun and tying her up. |
| She later escaped and hid in the bush for more than five hours before being rescued. | She later escaped and hid in the bush for more than five hours before being rescued. |
| 'Spontaneous identification' | 'Spontaneous identification' |
| The appeal heard that, in August 2002, while Miss Lees was working in Sicily, Italy, she had seen an article about the case on BBC News Online - now the BBC News website - which included a photograph of Murdoch. | The appeal heard that, in August 2002, while Miss Lees was working in Sicily, Italy, she had seen an article about the case on BBC News Online - now the BBC News website - which included a photograph of Murdoch. |
| During the murder trial, Miss Lees said she had recognised him straight away as her boyfriend's killer. | During the murder trial, Miss Lees said she had recognised him straight away as her boyfriend's killer. |
| Chief Justice Brian Martin described Miss Lees' recognition of Murdoch on the website as "spontaneous identification". | Chief Justice Brian Martin described Miss Lees' recognition of Murdoch on the website as "spontaneous identification". |
| Five weeks after she had seen the article, she picked out Murdoch from a photo line-up of 12 people. | Five weeks after she had seen the article, she picked out Murdoch from a photo line-up of 12 people. |
| The photo board identification was a foregone conclusion and so was the dock identification Ian Barker QC | The photo board identification was a foregone conclusion and so was the dock identification Ian Barker QC |
| Mr Barker said: "After the internet picture, what followed, I respectfully submit, was merely hollow ritual. | Mr Barker said: "After the internet picture, what followed, I respectfully submit, was merely hollow ritual. |
| "The photo board identification was a foregone conclusion and so was the dock identification." | "The photo board identification was a foregone conclusion and so was the dock identification." |
| He also questioned Miss Lees' identification of Murdoch's dog, a mongrel Dalmatian. | He also questioned Miss Lees' identification of Murdoch's dog, a mongrel Dalmatian. |
| Mr Barker said that, when asked by police for a description, she had initially picked out a blue heeler - an Australian cattle dog - from a book with pictures of different dog breeds. | Mr Barker said that, when asked by police for a description, she had initially picked out a blue heeler - an Australian cattle dog - from a book with pictures of different dog breeds. |
| Then, in May 2004, ahead of a committal hearing, she had been shown a picture of a different-looking dog by the Northern Territory's director of public prosecutions who told her it was Murdoch's dog, Mr Barker added. | Then, in May 2004, ahead of a committal hearing, she had been shown a picture of a different-looking dog by the Northern Territory's director of public prosecutions who told her it was Murdoch's dog, Mr Barker added. |
| Mr Barker also argued that evidence of Murdoch possessing guns was "irrelevant" and "prejudicial". | |
| Alleged inconsistencies | Alleged inconsistencies |
| Murdoch has always denied he was the killer and no motive for the attack has been established. | Murdoch has always denied he was the killer and no motive for the attack has been established. |
| The mechanic will not be able to contest his four-year concurrent sentence for the assault and kidnapping of Miss Lees. | The mechanic will not be able to contest his four-year concurrent sentence for the assault and kidnapping of Miss Lees. |
| Three days have been set aside for the appeal which began in the Northern Territory Supreme Court on Tuesday. | Three days have been set aside for the appeal which began in the Northern Territory Supreme Court on Tuesday. |
| Murdoch is not expected to appear, and Miss Lees has said she will not be present. | Murdoch is not expected to appear, and Miss Lees has said she will not be present. |