Legal dilemma over Falconio suspect

Murdoch was originally arrested for rape and abduction

By Phil Mercer Regional correspondent in Sydney

The man identified as the main suspect in the Peter Falconio murder investigation could find himself in the middle of a legal tug-of-war.

Bradley Murdoch is on remand in jail in South Australia on charges of raping a 12-year-old girl.

If a suspect is charged with multiple offences in different jurisdictions, the more serious allegations would usually take precedence

The authorities in the Northern Territory are expected to demand the extradition of the 44-year-old truck driver, to stand trial for the murder of the British backpacker, who disappeared 15 months ago.

The territory's Justice Minister Peter Toyne has said senior law officials are discussing what legal steps should be taken if charges are laid against Mr Murdoch.

The minister told the Parliament in Darwin that once a warrant is obtained, police will then apply for an extradition order.

'Competing interests'

South Australia's Director of Public Prosecutions Paul Rofe has said he has had no official contact with detectives investigating the Falconio mystery.

Peter Falconio and Joanne Lees were on a round-the-world trip

Mr Rofe has still to decide whether to allow a murder trial to go ahead in the Northern Territory.

"We'll cooperate as far as we can but there are considerations which militate towards having our trial first," he said.

"It's a question of balancing those competing interests with the attitude of the victims of the alleged offences in South Australia."

Confrontation

Mr Murdoch, from Broome in Western Australia, was arrested at the end of August after an armed confrontation with police in remote outback north of Adelaide.

The President of the South Australian Law Society, Chris Kourakis, told BBC News Online that prosecuting authorities in Australia's states and territories were generally cooperative and arrangements to exchange prisoners were usually agreed without confrontation.

However, legal experts say South Australia would be well within its rights to put Mr Murdoch on trial for raping a child before handing him over to the Northern Territory.

Such a move could delay his transfer to Darwin by many months.

'Notorious'

The Australian constitution devolved responsibility for criminal law to state governments, which have wide-ranging powers.

The attack happened on a Northern Territory highway

Sydney-based human rights lawyer Simon Rice believes detectives investigating Peter Falconio's disappearance will stress the "international and notorious" nature of the case to sway their counterparts in Adelaide.

Mr Rice told the BBC that if a suspect is charged with multiple offences in different jurisdictions, the more serious allegations would usually take precedence.

"There's no history of animosity between the states and territories," he said.

What he expects to happen if Northern Territory police decide to charge Mr Murdoch, is for a murder trial to first take place in the Supreme Court in Darwin or Alice Springs.

A separate hearing would then follow in Adelaide, where the suspect would then answer the charges of rape.

Bloodstains

The Northern Territory's assistant commissioner for crime, John Daulby, has refused for legal reasons to confirm that DNA samples taken from his "number one suspect" match bloodstains found at the scene of Peter Falconio's disappearance, near Barrow Creek north of Alice Springs on 14 July last year.

Legal commentators here believe that because the use of genetic evidence is relatively new in Australia, the police are still developing an understanding of these forensic advances and are proceeding with extreme caution.

One thing is clear. If Bradley Murdoch does stand trial for the murder of Peter Falconio, Mr Falconio's partner Joanne Lees, who survived the roadside ambush, will have a crucial role to play.

"DNA evidence alone may not be enough to secure a conviction," explained Chris Kourakis.

"Without Joanne, the chances of a successful prosecution look remote." The authorities here, however, have no power to force Ms Lees to return to Australia to give evidence.