Falconio Conviction Was 'miscarriage of Justice'

The mechanic convicted of murdering the British backpacker Peter Falconio in the Australian Outback did not receive a fair trial, his appeal was told today.

Bradley Murdoch suffered "a substantial miscarriage of justice" when he was jailed last year on the basis of unreliable evidence from Mr Falconio's girlfriend, Joanne Lees, the Northern Territory appeal court heard.

Murdoch's lawyer, Ian Barker, told the court, in Darwin, that the trial judge had been wrong to allow evidence about Ms Lees' identification of Murdoch in a photo line-up because she had previously seen his picture on a news website story naming him as a suspect.

Other evidence relating to Murdoch's dog and ownership of guns was similarly flawed, Mr Barker argued.

"The trial resulted in a substantial miscarriage of justice because evidence was let in that should not have been admitted," he said. "Mr Murdoch is entitled to a trial according to the law and, we respectfully submit, he didn't get it."

Last December, Murdoch was jailed for a minimum of 28 years after being convicted of shooting Mr Falconio in the head before abducting and assaulting Ms Lees near Barrow Creek, around 200 miles north of Alice Springs, on July 14 2001.

The trial heard how the young British couple had been driving along a remote stretch of the Stuart Highway in an orange camper van when Murdoch flagged them down, saying smoke was coming from the vehicle.

He shot 28-year-old Mr Falconio dead before threatening Ms Lees with a gun and tying her up. She managed to escape and hide in the bush for more than five hours. Mr Falconio's body was never found.

The conviction was based on Ms Lees' identification of Murdoch, as well as evidence that his DNA had been found in blood on her t-shirt and the cable ties used to restrain her, as well as on the van's gearstick.

Today, Mr Barker argued that Ms Lees' identification of Murdoch should never have been admitted because she had previously seen a picture of him in a BBC News website article describing him as the prime suspect.

After that, her correct identification of Murdoch in a photograph line-up and in court was "merely hollow ritual", the lawyer said.

He said Ms Lees had initially described Murdoch's mongrel dog incorrectly, but had then identified the dog when shown a picture of it by police. "It's not right that the Crown should come back and have another go because she didn't pick the right dog," he added.

Mr Barker also argued evidence in the original trial that Murdoch possessed guns was "irrelevant" and "prejudicial".

Murdoch - who, like Ms Lees, was not present at the appeal - admitted using amphetamines to stay awake as he transported cannabis long distances across Australia, but always denied the murder. No motive for the killing has ever been established.

The murder and eventual trial created huge interest both in Britain and Australia, not least because of innuendo - repeated by defence lawyers at the first hearing - that Ms Lees, now 33, was somehow involved in her boyfriend's murder.

The appeal is expected to last for four days.