Outback Murderer Loses Falconio Appeal

The mechanic convicted of murdering the British backpacker Peter Falconio in the Australian outback lost his appeal today as judges ruled that the case against him was "overwhelming".

Bradley Murdoch was jailed in December 2005 for a minimum of 28 years after being convicted of shooting Mr Falconio in the head before abducting and assaulting his girlfriend, Joanne Lees. The attack happened near Barrow Creek, about 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.

At the start of the appeal last month, Murdoch's lawyer told the Northern Territory court of criminal appeal in Darwin that the 48-year-old had suffered "a substantial miscarriage of justice" due to unreliable evidence.

The court was told that the original 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 in a news website story which named him as a suspect.

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

But the three judges dismissed the appeal unanimously, saying that the core issue in the case was that of the identity of the assailant, and the blood on Ms Lees's T-shirt established "beyond reasonable doubt" that Murdoch was present when she was attacked.

"When this evidence is considered along with the other evidence properly admitted at trial of events occurring at that location, the guilt of the appellant of the murder of Peter Falconio is established beyond reasonable doubt," they ruled. "The case against the appellant becomes overwhelming when the evidence of the identification of the appellant as the assailant by Ms Lees is taken into account.

"We conclude that there has been no substantial miscarriage of justice in this case. The appeal against conviction must be dismissed."

The judges also dismissed an appeal against the sentence, saying the killing was "cold-blooded and premeditated".

"The appellant has not demonstrated any remorse and the body of the victim has not been found," the judges said. Murdoch now has 21 days to appeal his case to Australia's high court.