Falconio DNA evidence 'damning'

Bradley Murdoch is appealing against his murder conviction

A court has heard that DNA evidence which helped convict a drug runner of murdering British backpacker Peter Falconio made a "very damning case".

Bradley Murdoch, 48, is appealing in Darwin, Australia, against his conviction for shooting 28-year-old Mr Falconio five years ago.

His lawyers have argued his trial last year resulted in what they call a "substantial miscarriage of justice".

However, the Crown has insisted that he did receive a fair trial.

Murdoch is serving a life sentence for a minimum period of 28 years for murdering Mr Falconio on a stretch of highway near Barrow Creek, about 200 miles north of Alice Springs, in 2001.

The body of Mr Falconio, from Hepworth, Huddersfield, has never been found.

The mechanic was also found guilty of abducting and assaulting Joanne Lees, a 33-year-old support worker from Brighton, who was Mr Falconio's girlfriend.

Identification case

Rex Wild QC, representing the Crown, told the appeal how Murdoch's defence team had not referred to the DNA evidence in the case.

He said: "It goes without saying that Mr Murdoch was entitled to a fair trial and it is the Crown's submission that he got a fair trial in all the proper senses."

The court heard how Murdoch's DNA was found in a blood stain on Miss Lees' T-shirt, on the home-made handcuffs he used to tie her up, and on the gear stick of the couple's camper van.

Mr Wild said: "My learned friend makes much of the fact that this is a case about identification.

"The most compelling evidence about identification in this case is the DNA evidence, which has not been challenged in this appeal."

He described the three pieces of DNA evidence as being "crucial" to the case.

Mr Wild said: "One of those things by itself might not have been enough. Put together there was a very damning case."

Internet image

Ian Barker QC, counsel for Murdoch, has previously argued the trial judge should have excluded Miss Lees' identification of Murdoch in a photograph line up because she had already seen his picture on the internet.

The Northern Territory Supreme Court has heard how Miss Lees saw his image on BBC News Online - now the BBC News website - before picking him out of a photo line-up of 12 people.

He said: "The whole focus of this trial was the identification of the suspect.

"That is why the matter of identity should be treated as absolutely critical and crucial to the outcome."

Murdoch's defence has also described his 28-year non-parole period as "manifestly excessive" because it meant he was likely to die in prison.

"The non-parole period of 28 years fixed by His Honour is very discordant with the non-parole period fixed in other cases, some of which were worse than this case," said Mr Barker.