Falconio case delay 'frustrating'

Joanne Lees and Peter Falconio were backpacking around Australia

Delays in the case around the death of Briton Peter Falconio in the Australian outback are exasperating his family.

Older brother Nick spoke of his "frustration" at ongoing legal debate over reporting restrictions surrounding the committal hearing in Darwin.

Meanwhile, Australia's Nine network has challenged the decision to ban the media from covering certain issues.

Bradley Murdoch, 45, is accused of murdering Mr Falconio and attacking his girlfriend Joanne Lees in July 2001.

Murdoch allegedly ambushed the pair on an outback road in central Australia after flagging down their car.

Miss Lees, 30, of Brighton, East Sussex, spent 90 minutes giving evidence on Tuesday, describing how she heard a bang like a gunshot and never saw Mr Falconio again.

Planned return

Legal argument over how the suppression order related to Miss Lees' testimony kept her off the stand on Wednesday and Thursday.

She waited for six hours on Wednesday before it was decided she would not be called.

On each of the opening four days of the hearing, the family of Peter Falconio, represented by brothers Nick and Paul, have sat just a few feet away from the man accused of killing their younger sibling.

They arrived from Britain a week ago and had planned to return home this weekend after Miss Lees had finished giving evidence.

However, she might have to wait several more days before she is allowed to carry on.

BBC correspondent in Darwin Phil Mercer said the brothers had told of their confusion as to why decisions were taking so long.

Their conduct will ensure that this man will never, never receive a fair trial Defence barrister Colin McDonald

They spoke of the difficulty and personal cost of the trial to them, both in emotional and financial terms.

But they added they would stay "as long as it takes" for Miss Lees to give her evidence.

Magistrate Alasdair McGregor has voiced his concern about "the cost of the wear and tear on the witnesses" caused by the delays.

Both prosecution and defence fear potential jurors could be influenced by information that may not be admissible at a trial. The Northern Territory has only a small jury pool, with a population of around 200,000.

Moves by Nine Network television to have the orders lifted would "ensure that this man will never, never receive a fair trial", defence barrister Colin McDonald said.

No body

In opposition to a proposal to have the hearing continue with other less contentious witnesses, defence lawyer Grant Algie said: "It is obvious to everybody that Joanne Lees is crucial, the most important witness in this case."

Murdoch, of Broome, western Australia, has not entered a plea and on Thursday spoke for the first time to complain about being moved from his prison to a small cell below the court as the legal wrangling continues.

The hearing has been adjourned until Friday, but may not resume hearing evidence until next Tuesday.

The body of Mr Falconio, 28, of Hepworth, West Yorkshire, has never been found but prosecutors claim there is evidence that he was murdered.

The six-week committal hearing to determine whether Murdoch will face a full trial is being held over two three-week periods - with the second due in August.