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Questions over Falconio evidence | Questions over Falconio evidence |
(about 2 hours 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's 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 in December 2005 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. |
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 |
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's 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. |
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's 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. |
Bradley Murdoch threatened Joanne Lees with a gun and tied her up | Bradley Murdoch threatened Joanne Lees with a gun and tied her up |
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". | Mr Barker also argued that evidence of Murdoch possessing guns was "irrelevant" and "prejudicial". |
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. |