Falconio judge sums up evidence

Peter Falconio's body has never been found

The judge in the Peter Falconio murder trial has urged jurors to put emotions aside when they consider their verdict.

Brian Martin, Chief Justice of Australia's Northern Territory, said the evidence was very distressing, but jurors must assess it objectively.

He spoke after Mr Falconio's mother fled the courtroom in distress.

Bradley Murdoch, 47, denies murdering British tourist Mr Falconio in 2001, and attacking and kidnapping his girlfriend Joanne Lees.

The jury has listened to two months of evidence in the Darwin court.

Emotional influence

Mr Justice Martin was forced to pause momentarily as the victim's mother, Joan Falconio, of Holmfirth, Huddersfield, stood up from her public gallery seat and left the court.

You may have noticed the family, particularly Mrs Falconio, leaving the court from time to time Mr Justice Martin Details of judge's remarks

He had been talking about the lack of a trail of blood and human tissue at the scene of the alleged murder on a remote stretch of highway near Barrow Creek, 200 miles north of Alice Springs.

After a brief pause, he continued: "You may have noticed the family, particularly Mrs Falconio, leaving the court from time to time.

"You might not think that's very surprising, the evidence is very distressing.

"But you must put aside any emotion that you see in other people, or that you may feel, and take these questions purely objectively and dispassionately, and without being influenced by these emotions."

The court has heard Ms Lees, 32, of Brighton, describe how the vehicle she and Mr Falconio, 28, of Huddersfield, were travelling in was flagged down by another motorist.

'Torchlight search'

She said Mr Falconio went to speak to the defendant and never re-emerged.

She was then threatened with a gun and held hostage in a van while, the prosecution says, he disposed of Mr Falconio's body.

She later managed to escape from under the vehicle's loose canopy and then hid in the undergrowth in the dark while her attacker searched for her with a torch, she claims.

Eventually he gave up and left, the court heard.

Mr Falconio's body has never been found.

In beginning his summing up, the judge said the jury must decide whether to accept Miss Lees' evidence beyond reasonable doubt and whether they were satisfied that, in the absence of a body, Mr Falconio was shot and murdered.

If you accept Miss Lees' evidence that the accused pulled Mr Falconio and Miss Lees over, the Crown will have proved that Mr Falconio was killed Mr Justice Martin

"Obviously if you have any doubt about that there can't be any question the accused must be acquitted," he said.

"If you accept Miss Lees' evidence that the accused pulled Mr Falconio and Miss Lees over, the Crown will have proved that Mr Falconio was killed."

He also instructed the jury to consider a number of other key issues.

He asked them to consider the reliability of some of the evidence.

This included reference to a claim from two witnesses that they had seen Mr Falconio eight days after the alleged murder.

The judge also said that Mr Murdoch's former business partner James Hepi, who gave evidence against the accused, was a cannabis dealer and was "not a good character".

And, referring to Miss Lees' identification of Mr Murdoch as her attacker, he said that, although "high emotion" could cause confusion, "traumatic events can also stimulate the mind and cause events to remain vivid long after the incident in question".

The case was adjourned until Monday when the summing up will continue.