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Falconio killer in court appeal Questions over Falconio evidence
(about 2 hours later)
The man jailed for killing British backpacker Peter Falconio in Australia is to appeal against his conviction. The girlfriend of murdered British backpacker Peter Falconio gave unreliable evidence in his killer's trial, an Australian court has heard.
Bradley Murdoch was jailed for at least 28 years for the July 2001 murder of Mr Falconio, of Hepworth, Huddersfield. His body has never been found. Bradley Murdoch, 47, is appealing against his conviction for the murder of Mr Falconio, 28, of Huddersfield.
Murdoch, 48, was also found guilty of abducting and assaulting Mr Falconio's girlfriend, Joanne Lees, of Brighton. 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.
His lawyers are expected to argue in a Darwin court that evidence from Miss Lees at the trial was unreliable. He also raised doubts about her identification of Murdoch's dog.
Murdoch has always denied he was the killer and no motive for the attack has been established. 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.
The mechanic was convicted of shooting dead Peter Falconio on an outback road north of Alice Springs in 2001, threatening Miss Lees 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.
Murdoch will not be able to contest his four-year concurrent sentence for the assault and kidnapping of Miss Lees. 'Spontaneous identification'
'Inconsistencies' 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.
Three days have been set aside for the appeal which will be heard in the Northern Territory's Supreme Court in Darwin from Tuesday. 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".
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
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."
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.
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.
At that stage she had said the dog was "very similar" to the one that was with Murdoch on the night of Mr Falconio's murder.
"It is surely obviously that, having been told that the dog she was looking at is a photo of Murdoch's dog, it's unlikely for her to say 'I don't think the dog I saw looked like that'," Mr Barker told the appeal.
Alleged inconsistencies
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.
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.
Murdoch's lawyers are expected to claim that the judge at the original trial, Chief Justice Brian Martin, should have told the jury to weigh up whether alleged inconsistencies in Miss Lees' evidence weakened her credibility as a witness. His lawyers are expected to claim that, at the original trial, Mr Martin should have told the jury to weigh up whether alleged inconsistencies in Miss Lees' evidence weakened her credibility as a witness.
If Murdoch's appeal fails, he could seek leave to apply to the High Court of Australia.If Murdoch's appeal fails, he could seek leave to apply to the High Court of Australia.