Questions over Falconio evidence

Murdoch denies killing backpacker Peter Falconio

The girlfriend of murdered British backpacker Peter Falconio gave unreliable evidence in his killer's trial, an Australian court has heard.

Bradley Murdoch, 47, is appealing against his conviction for the murder of Mr Falconio, 28, of Huddersfield.

Ian Barker QC told a Darwin court Joanne Lees's identification of Murdoch in a line-up was flawed because she had seen his picture on the internet.

He also raised doubts about her identification of Murdoch's dog.

Murdoch was convicted in December 2005 of shooting dead Mr Falconio on an outback road north of Alice Springs in 2001, threatening Miss Lees, of Brighton, with a gun and tying her up.

She later escaped and hid in the bush for more than five hours before being rescued.

'Spontaneous identification'

The appeal heard that, in August 2002, while Miss Lees was working in Sicily, Italy, she had seen an article about the case on BBC News Online - now the BBC News website - which included a photograph of Murdoch.

The photo board identification was a foregone conclusion and so was the dock identification Ian Barker QC

During the murder trial, Miss Lees said she had recognised him straight away as her boyfriend's killer.

Chief Justice Brian Martin described Miss Lees's recognition of Murdoch on the website as "spontaneous identification".

Five weeks after she had seen the article, she picked out Murdoch from a photo line-up of 12 people.

Mr Barker said: "After the internet picture, what followed, I respectfully submit, was merely hollow ritual.

"The photo board identification was a foregone conclusion and so was the dock identification."

He also questioned Miss Lees's identification of Murdoch's dog, a mongrel Dalmatian.

Mr Barker said that, when asked by police for a description, she had initially picked out a blue heeler - an Australian cattle dog - from a book with pictures of different dog breeds.

Bradley Murdoch threatened Joanne Lees with a gun and tied her up

Then, in May 2004, ahead of a committal hearing, she had been shown a picture of a different-looking dog by the Northern Territory's director of public prosecutions who told her it was Murdoch's dog, Mr Barker added.

Mr Barker also argued that evidence of Murdoch possessing guns was "irrelevant" and "prejudicial".

Murdoch has always denied he was the killer and no motive for the attack has been established.

The mechanic will not be able to contest his four-year concurrent sentence for the assault and kidnapping of Miss Lees.

Three days have been set aside for the appeal which began in the Northern Territory Supreme Court on Tuesday.

Murdoch is not expected to appear, and Miss Lees has said she will not be present.