what REALLY happened to peter falconio?

Question

I think he is alive

Answer 1

The disappearance of the British tourist Peter Falconio in July 2001 resulted in panic, worry, shock and controversy. Falconio’s body has still not been discovered but four years on, as Bradley Murdoch is ready to take the stand accused of his murder, are we any closer to finding out the solution to the mystery of what happened on that summer evening?



The inconsistencies in the statements made by Falconio’s fiancé, Joanne Lees, have been widely publicised. Despite the police being adamant she was in no way responsible for the crime, Murdoch’s defence will argue that Lees had motive to commit the crime and that money she was paid for media interviews provided an incentive to further embellish her account of events.



There are certainly strong doubts in my mind about her evidence, although to a certain extent this could be innocently explained. If she is telling the truth then it is understandable she would be confused over the facts, due to the immense shock and fear she experienced at the time. In periods of great stress and anxiety it is not possible to accurately recall every little detail and so contradictions do arise at times.



However, forgetting Lees’ statements, and concentrating on the hard facts, there are a number of problems that need to be considered.



Lees claimed she was gagged, bound and bundled into the back of the kidnapper’s four-wheeled drive. She was, she has always maintained, bound with her hands behind her back. Yet when Rodney Adams found her, Lees had her hands in front of her body. How was this possible? In a media interview she claimed, without providing any explanation, that she and one of Falconio’s brothers had carried this out on a number of occasions and therefore it was possible.



In the largest ever police manhunt, officers from Northern Territory Police utilised the services of Aborigine trackers, whose lives depend upon their ability to find tracks. Their skills are, to ordinary people like myself, awe-inspiring and so it is, in my mind, of the greatest significance that only Joanne Lees’ footprints were found at the scene, especially when Falconio’s alleged killer spent at least two hours scouring the area for Lees, with his dog. It is strange no trace of the man and his dog could be found by the Aborigine experts.



There is also the issue of the affair Lees was having with a man named ‘Nick’, who Lees even agreed to meet whilst the police were hunting Falconio’s killer, the affair which Lees denied until confronted with documentary evidence and whose identity she still refuses to reveal. There is her reluctance to give press conferences, until her guilt was suggested in the press, which could of course be a sign of her upset but if someone I was hoping to marry had been taken but could still be alive, wild horses would not stop me from appealing for help from the public.



I am not suggesting Lees did lie, but I am of the opinion, and I must stress it is merely my opinion, that her evidence has many, many question marks surrounding it and no doubt Grant Algie, who is representing Murdoch, will fully explore these questions.



In any criminal trial it is the responsibility of the prosecution to prove guilt. Murdoch and his defence do not have to prove he did not commit the crime or that anyone else did, although their suspicion over Lees will be prominent in the defence’s case.



However, the prosecution will be relying upon forensic evidence to argue Murdoch is guilty as charged. The ‘breakthrough’ in the case came when Murdoch was arrested in connection with the abduction and rape of a mother and daughter, for which he was later acquitted. Whilst in custody he was forced to give a DNA sample which matched the DNA on Lees’ tee shirt. However, the very fact DNA cannot be used on its own as evidence, and that a suspect cannot even be charged with an offence if DNA is the only evidence, shows that despite the popular belief DNA does not actually prove guilt. It is not as reliable as many have been led to believe by the endless fictional cop shows.



It should be noted that in another Australian state the police have a bit of a reputation for planting DNA. British Customs and Excise have frequently refused to let the police near ships because they believe officers could plant evidence. Although the state in which Falconio disappeared was the Northern Territory, and not the state I have just referred to, the fact certain police forces in Australia have a reputation for planting DNA is of interest. Of course, I am not saying the police in this case have planted DNA. I am merely saying it has happened in the past and most probably is still being used to fabricate evidence by some corrupt officers. If DNA links a suspect to a crime it does not always mean the suspect was involved in the crime.



It is known that at some point in time the van in which Falconio and Lees had been travelling was abandoned in bushes. The person responsible for the crime was the one who carried out this task. The man Lees described was not wearing gloves, yet none of Murdoch’s fingerprints were found on the steering wheel or anywhere else in the vehicle.



There were no identity parades held for Joanne Lees or other witnesses. One woman had claimed she was picked up by the man shown in an e-fit released by police. She had hitched a ride from him and noted the appearance of the man, who had a dog and a number of guns. This woman also never attended an identity parade to see whether Murdoch was the man in question.



The alleged motive for this crime was, according to the police, that Murdoch wished to rape Lees. John Clarke, an offender profiler from Sydney University, told the police the man responsible for this crime was playing out a sexual fantasy of abducting a woman, after having eliminated her partner, keeping her as a sex slave for a long time. It was, he believed, a highly well planned crime, with the planning possibly having taken place over a number of years.



The incident happened on Stuart Highway, which is a very desolate stretch of road in the Northern Territory, north of the town of Barrow Creek. A travel expert who knows the area very well was amazed when she heard about the incident. Jennifer Cox, who works for Lonely Planet, believed it was exceptional Lees managed to survive due to the difficult terrain, snakes, spiders and scorpions. These conditions, along with the remote location, mean that often only one vehicle will pass along the stretch of road in a whole day.



It seems remarkable to me that Murdoch, a man who knew the area, would choose a location in the middle of nowhere to look for a woman to rape. With only one vehicle passing in a day, Murdoch could have been searching for days or even weeks without success. What if he did not come across a vehicle containing a woman? Surely someone who had spent years planning such an offence could come up with a better plan?



If Murdoch is guilty how did he dispose of the body? If his truck had been used there would be forensic evidence showing it had been used, after all Falconio was allegedly bleeding to death. It is curious that there is no such evidence. It will be argued at the forthcoming trial that because Murdoch altered the appearance of his four wheeled drive, after Falconio’s disappearance, that he was responsible. A mechanic will tell the court that the vehicle was remarkably clean when he was fitting a new exhaust a month after Falconio was last seen alive. However, even if the vehicle was cleaned was this task carried out to destroy forensic evidence? Blood cannot be entirely removed, no matter how much cleaning is undertaken.



There is also no evidence of Falconio and Lees’ vehicle having been used to transport the body and could we possibly believe that Murdoch could carry the body far enough on foot, without leaving a trail of blood, to ensure it was never found?



There is one witness who claims Murdoch discussed with him how easy it would be to dispose of a body so that no one would ever find it. The conversation allegedly took place when the media first reported on Falconio's disappearance. Therefore it is not necessarily indicative of Murdoch having disposed of the body. He could just have been talking about the case like so many people across the world were at that time. When any person disappears members of the public will discuss the case and question how someone could dispose of a body. As no forensic evidence was found in Murdoch's truck it seems hard to believe if he was responsible the body had already been disposed of by the time of the alleged conversation.



The possibility has to be considered that Falconio has not been killed at all. Whilst the police have made the assumption they are dealing with a murder case, an assumption is all it is. No doubt many people can recall the trial of Leonard Fraser, which came to a sensational end in April 2003 when his alleged murder victim telephoned her father to say she was alive and well. In the case of Peter Falconio even the best witness, Joanne Lees, can only say that she heard the sound of a gunshot or a vehicle backfiring and there was the presence of Falconio’s blood on the road. That does not necessarily mean there is a dead body out there. The possibility Falconio is alive, albeit only a small possibility, cannot be dismissed altogether. Murdoch’s defence team will again argue that the presence of a small amount of blood is not enough to prove murder. They will also rely upon evidence from a couple who claim they saw Falconio a week after his alleged death, when he entered their service station to use the toilet, buy a chocolate bar and a drink. “I served Peter Falconio myself. If it wasn’t him, they were twins.”, Roger Brown told an earlier court hearing. It has been suggested that Falconio faked his own death, assisted by Lees, so that they could claim his life insurance policy. There is not much evidence to substantiate this sensational claim but if murder cannot be proven to have occurred then someone should not stand accused of that murder.



At this moment in time I do not have an opinion over whether Murdoch is guilty or innocent. Maybe even the trial will not provide a definitive answer, one way or the other. Only Bradley Murdoch and Joanne Lees could possibly know if the defendant is guilty and one of these two must be wrong.



One thing is for sure, however; regardless of the outcome of the trial, if Murdoch continues to protest his innocence, it is unlikely we will ever be any closer to finding the whereabouts of Peter Falconio.

Answer 2

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Answer 3

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Answer 7

From Wikipedia, the free encyclopedia



Peter Falconio and Joanne Lees.Peter Falconio was a British tourist from Hepworth, Huddersfield, West Yorkshire who disappeared in the Australian outback whilst travelling with girlfriend Joanne Lees during July 2001. He was a graduate of Brighton University and was 28 years-old at the time of his disappearance. Although his body had not been found, Bradley John Murdoch was convicted of his murder on December 13, 2005.



Contents [hide]

1 Missing person or murder?

2 Trial of Bradley Murdoch

2.1 Summary

2.2 Main people in the trial

2.3 Evidence heard in the trial

2.3.1 Prosecution evidence

2.3.2 Defence evidence

3 Defence closing argument

4 Prosecution closing argument

5 Chief Justice Brian Ross Martin's summation

6 Media related links

7 Red Rooster alibi

8 See also

9 External links

9.1 Supreme Court of the Northern Territory Court Decisions

9.2 News reports prior to trial

9.3 Investigations and reports on case

9.4 Coverage of trial

9.5 News reports during trial

9.6 News reports about the verdict







[edit]

Missing person or murder?

Lees reported that while travelling at night along the Stuart Highway near Barrow Creek (between Alice Springs and Tennant Creek) in the Northern Territory on July 14, 2001, the pair were stopped by a man waving for the couple to stop their car and indicating trouble with their car's exhaust. Falconio got out of the van to help, and shortly afterwards Lees heard a gunshot. She believed that Falconio had been shot dead.



At the committal hearing in December 2004 Lees told the court that her assailant then tied her wrists together, put a sack over her head and forced her into his car. She said she escaped from his car and fled into the dark, hiding under bushes, while he tried to find her with a torch and a cattle dog. Falconio's body has not been found despite a massive police search.



Some two years after the disappearance, Bradley Murdoch (a man living in Adelaide charged with rape) was found to have a possible connection to Barrow Creek on July 14, 2001. When Joanne Lees identified his photograph as being the man who abducted her, and DNA from Lees's body matched that from Murdoch, Murdoch was charged by police and extradited to the Northern Territory for trial.



[edit]

Trial of Bradley Murdoch

Main article: R v Murdoch

[edit]

Summary

The jury trial began on October 18, 2005 in the Darwin branch of the Northern Territory Supreme Court, where Bradley John Murdoch from Western Australia was tried for the murder of Falconio and assaults on Joanne Lees. The trial concluded on December 13 with the conviction of Murdoch on all counts. He was sentenced to life imprisonment with a minimum non-parole period of 28 years.





Police mugshot, Bradley John Murdoch.Northern Territory Director of Public Prosecutions Rex Wild, QC, has said in court there are three pieces of evidence linking Murdoch to the scene of the crime. His DNA was a match with bloodstains on Joanne Lees's t-shirt, a smear of blood on the gearstick of the couple's car, and DNA located on tape used by the killer to bind her wrists. These assertions have all been disputed by Murdoch's defence team, who are Grant Algie and Mark Twiggs.



To cope with the demands of the trial and the huge media contingent covering the trial proceedings, the Darwin branch of the Northern Territory Supreme Court was refitted at a cost of AUD$900,000 [1].



[edit]

Main people in the trial

Judge: The Hon. Brian Ross Martin, Chief Justice

Prosecutor: Northern Territory Director of Public Prosecutions Rex Wild, Queen's Counsel

Defence lawyers: Grant Algie and Mark Twiggs

Main Prosecution Witness: Joanne Lees

Defendant: Bradley John Murdoch

Also see: James Hepi - the man Murdoch says framed him.

[edit]

Evidence heard in the trial

[edit]

Prosecution evidence

On October 17, 2005, Lees positively identified Murdoch as her attacker - but only after seeing his image on a BBc website - and described how he stopped their van, then spoke with Falconio. Lees claims to have heard a gunshot, then Murdoch appeared at the door, threatened her with a gun, bound her, and put her in the back of his four-wheel drive.

Murdoch was a supplier of marijuana across Australia, and was on a drug run from Sedan, South Australia, to Broome, Western Australia at the time of the offence.

The blood on the side of the road has been confirmed to be that of Peter Falconio.

An Aboriginal woman saw a car speed away from Barrow Creek shortly after the attack. This woman was the only person who could account for the existence of a second vehicle on the night of the attack.

Forensics were unable to find any bullets or evidence of any bullets being fired at the scene of the crime, either in the van or on the ground nearby. Joanne Lees had stated that she heard a gunshot, which she believed was Falconio being shot. Prosecution argued that the evidence of a shot may have been wiped away by police while dusting for fingerprints. An expert in gun manufacture demonstrated how a bullet can lodge in the skull and have no exit wound, with no evidence of it being fired, if it was fired directly in to the skull from close range.

Witnesses told how Murdoch was a serious drug dealer.

James Hepi, the man who Murdoch often travelled with to export marijuana from one part of Australia to another, told how Murdoch regularly carried a hand gun with him on such trips. The judge ordered that the jury ignore evidence given by this man, because he was verified to be an unreliable witness.

A former girlfriend of Murdoch said how in July 2001 after a drug run, Murdoch told her that he had to "get rid of someone" on the drug trip. Defence called this person an unreliable witness. Prosecution said that it proved guilt. The judge ordered the jury to ignore her evidence.

The same former girlfriend said that in her opinion Murdoch matched the description originally given by Lees, and that he was the killer. The judge ordered the jury to ignore her evidence.

Police spent over six days covering a 300,000 square metre area with metal detectors to try to find a murder weapon, but were unable to find anything.[2]

An expert forensic anatomist said that Murdoch was almost certainly the person who was captured by video at the Alice Springs truck stop in the early hours of July 15, 2001, just hours after the murder of Peter Falconio. Defence argued that this footage could have been of anyone. The judge ordered the jury to dismiss defence arguments and to accept the prosecution statement that the man in the video was in fact Murdoch, but stressed that this alone was not enough to convict Murdoch of the murder and that it only counted as circumstantial evidence.

The man who was captured by close circuit television at the Alice Springs truck stop left the truck stop just minutes before police arrived to buy food and drink.

After Falconio's story was on the news, Murdoch boasted to friends about how he would be able to easily make hand ties from cable wires, and explained how someone would be able to attack Joanne Lees and kill her, and get away with it. Defence argued that this was merely Murdoch explaining a hypothetical. Prosecution argued that that was effectively a confession of guilt.

A console operator told the court that he was working at an Alice Springs service station the night Mr Falconio disappeared in July 2001. He said a tall man with a slim build and a moustache driving a white four-wheel drive came to the petrol station and bought fuel, ice, a milk drink and water.

Prosecution argued that Murdoch went to Barrow Creek along the Stuart Highway, murdered Falconio and assaulted Lees, before heading back to Alice Springs, then leaving to go to Broome via the Tanami Highway. Defence argued that Murdoch would not have made a diversion via Barrow Creek, 280 kilometres away, and then gone back to Alice Springs afterwards before heading back out again. Defence argued that Murdoch did not go via the Stuart Highway at all.

Several eye witnesses, including a mechanic who helped to make modifications to Murdoch's vehicle, state that he had major modifications made to his car in August 2001, just weeks after the offence.

Murdoch had previously offered to sell a gun to a woman he had met while travelling on the Nullarbor Plain.

Experts suggested that road conditions across the Top End of the Northern Territories were good on July 14 and July 15, 2001, making it possible to complete the trek from Alice Springs to Broome in less than sixteen hours; while Murdoch, in fact, had twenty hours to drive back after he killed Falconio.

The canopy of the vehicle captured on closed circuit television at the Alice Springs truck stop was visible, and a man who fitted a canopy on Murdoch's vehicle prior to the murder suggested that it may have been the one that he fitted.

A man who shared a house with Murdoch at the time of the murder has testified that Murdoch had a gun with him.

Narcotics experts have testified that people who are regular users of speed, like Murdoch was, are capable of driving up to thirty six hours with high levels of concentration, as Murdoch would needed to have done, in order to have committed the murder yet still been in Fitzroy Crossing less than twenty hours later.

Four people independently approached police prior to Murdoch's capture suggesting that he was the man that killed Falconio.

Murdoch admitted that he was a drug dealer.

Murdoch admitted carrying firearms, stating that they were for protection.

Several of Murdoch's friends thought that he was the man pictured in the CCTV images from the Alice Springs truck stop.

[edit]

Defence evidence

Joanne Lees admitted to having cable ties in the back of her Kombi, but has denied that she used the ties to bind herself. [3]

Both Falconio and Lees were heavy users of marijuana, and occasional users of ecstasy. Lees and Falconio had a joint just 20 minutes prior to the offence. Defence argued that Lees may have been stoned at the time of the offence.

Murdoch, Falconio and Lees were all positively identified at the same fast food restaurant in Alice Springs on the night of the alleged attack, which defence argues accounts for the DNA match, as Lees and Murdoch may have bumped in to each other.

The maximum speed of Lees's Kombi van was 80 km/h, yet for the times she gave to police to be correct, she would have had to drive at 176 km/h.

Lees admitted having an affair, without Falconio's knowledge, with a man named "Nick" from Sydney.



Closed circuit television image of Bradley John Murdoch, at the Alice Springs truck stop.The DNA on the hand ties that were used to tie Joanne Lees has been contaminated by poor police procedure and could not be used as evidence. Specifically, the hand ties were taken to Yatala Labour Prison in Adelaide, where Murdoch was held in November 2002 and shown to him prior to DNA tests being conducted on the hand ties, leaving a good opportunity for Murdoch's DNA to be left on the hand ties. Prosecution and police claimed that this did not happen, but the judge ordered, during the April 2005 Voir dire, that the DNA from the hand ties could not be used in court.

Murdoch does not own a cattle dog, the dog said to have been with Lees's attacker. Murdoch owns a dalmatian cross. Prosecution argued that either Lees confused Murdoch's dalmatian with a cattle dog or that Murdoch borrowed a cattle dog for the crime.

Murdoch did not closely match the description initially given to police by Joanne Lees in July 2001. Prosecution argued that Murdoch radically changed his physical appearance to conduct the crime.

The description of Murdoch's vehicle vastly differed from the description initially given to police by Joanne Lees in July 2001. Prosecution argued that Murdoch also changed his vehicle's description to conduct the crime.







Several pieces of evidence, including lip gloss and black tape were not found until three months after the offence. Defence argued that this means that the evidence was planted. Prosecution argued that they may have simply been hard to find.

The doctor who examined Lees after the incident found that she had no head wounds consistent with being punched in the head, as she had claimed had happened.

Lees and Falconio were positively identified at a remote road house between Alice Springs and Barrow Creek just hours before the alleged attack, completely changing the timeline of events. Joanne Lees continues to deny being at the road house.

Falconio was in Australia on a work visa [4] and had been incorrectly taxed by his Australian employers as if he was an Australian resident. As a result, were he to lodge a tax return, he would have owed money (approx $3,000 – $5,000). On the day of his disappearance, he had made inquiries to England about how to avoid paying the money back, and also had asked about how to fake his own death. An anonymous informant had called police in April 2002 to provide them with evidence in relation to this. Police had dismissed the evidence as inconclusive.

The forensic laboratories that conducted all DNA testing in this case was not up to accreditation standards and hence all DNA tests were "unofficial". Defence argued that all DNA tests could not be used, as DNA from some samples could have ended up on others, and that that, combined with the question mark about the validity of the DNA found on the hand ties and the t-shirt, meant that the DNA could not be used. Prosecution argued that the state of the forensic laboratories was only technically below standard and that it would be impossible for any contamination to occur.

Forensics confirmed that the likelihood that Murdoch's DNA matched that found on the hand ties used to bind Lees and the t-shirt that Joanne Lees was wearing when found was in the order of 100 million to 1. However, the hand ties could not be used in evidence because of contamination from the laboratory, and specifically because three DNA profiles were found on the hand ties – Murdoch's, that of one of the forensics team, and a third unknown person. The DNA on the t-shirt does not appear to be contaminated, however the general contamination of the forensics laboratory is under question from defence, as was the claim that Murdoch and Lees could have bumped in to each other at an Alice Springs fast food restaurant prior to the alleged attack.

The search for Peter Falconio has continued from July 14, 2001 until as recently as October 2005. The search has thus far not found any trace of him, other than the blood found at the scene of the crime. Some broken branches and three foot prints were also found in the search, but the broken branches were believed to probably be from Lees sitting down, and the three foot prints have not been attached to anyone.



Bradley MurdochThe sketch artist used by police to help Joanne Lees was inexperienced in police work.

A footprint expert has confirmed that the four unidentified footprints found at the scene of the crime do not match Bradley John Murdoch, but belong to someone else.

Murdoch believes that he was set up by his former business partner James Hepi.

Murdoch says that he refuelled at Fitzroy Crossing at 8 p.m. on July 15, which would have meant that for him to have committed the murder at midnight, he would have had to have travelled 1,700 km in 20 hours (avg speed 85 km/h) if he drove non stop from midnight to then, travelling along the roughest country imaginable. Murdoch further states that for him to have been the man caught in Alice Springs at 3 a.m. on July 15, he would have to have travelled 2,000 km in 17 hours (avg speed over 100 km/h).

Murdoch claimed that James Hepi planted Murdoch's DNA on evidence to help police to frame him for the murder.

Murdoch's vehicle does not have a second compartment, where Lees says she was pushed in to; nor would it be possible, had the vehicle been of the variety implied, for a person to be pushed from the front section into the rear.

Murdoch says that he had modified his vehicle before the offence, and continued to make modifications to the vehicle up until the time of his arrest in September 2002. He states that this was a hobby "Some might call it an obsession." - as well as an attempt to avoid detection by narcotics border patrols (with regard to his drug-smuggling activities.)

Several eye witnesses said that Murdoch regularly changed his vehicles in an obsessive way, as he was a mechanic, and that this had started over a decade before the crime in 2001.

It has been reported that Murdoch admitted to have "dobbed in" former drug dealing business partner James Hepi to police for drug running.

Murdoch displays several notable physical attributes. One of which is the absence of upper front teeth. This was apparently caused by him working as a truck driver and taking amphetamines in 1997. Every person who knew Murdoch described this as "unmistakable" and that any description of Murdoch would focus on it. In Lees's 2001 description of her attacker, she did not mention anything about Murdoch's teeth. Defence claimed that this meant that Murdoch could not have been her attacker. Prosecution argued that Murdoch could have worn false teeth or capped teeth or that Lees merely didn't notice the absence of front teeth.

Murdoch sold drugs to a woman along a remote stretch of Australia, with her following close behind him, doing lines of speed with her every hour, suggesting that this may have been how Falconio and Lees knew Murdoch.

Two shop owners in Bourke, New South Wales, testified that they served Falconio with another man on 22 July 2001, eight days after his murder. However, their testimonies contradict each other in that they both claim to have served him, and they each gave different descriptions of what Falconio looked like.

Murdoch was positively identified by four separate people as being in Fitzroy Crossing 20 hours after the time of the murder.

Defence lawyer Algie claimed that James Hepi took cigarette butts smoked by Murdoch to give to police so as to extract DNA to frame Murdoch.

Murdoch was interviewed by police three months after the murder in relation to James Hepi's drug smuggling, when police asked him about his car, but police did not connect the car's appearance to the description given to police by Lees.



Bradley MurdochThe police officer in charge of the case has denied that he planted DNA on hand ties when taking them to Yatala prison in Adelaide to see Murdoch, and insisted that the hand ties were never shown to Murdoch, and not removed from the bag, in spite of being taken all the way to Adelaide so as to aid in an interview with Murdoch in relation to them.

Police officers took notes saying that Lees' kombi van had shelves, and show Lees' signature. Lees denied making the statement and says that she cannot remember saying that to police.

Murdoch claimed that he was 370 miles away in Yuendumu at the time of the alleged offence.

Murdoch and his defence lawyer Grant Algie demonstrated how Murdoch could not have been the man captured in close circuit television at the Alice Springs video, and that his vehicle did not match the vehicle in the video.

10 people independently approached police after Falconio's disappearance saying that they saw him alive.

A number of Falconio's personal items have never been recovered.

Lees phoned a friend in New Zealand 2 hours after she had earlier claimed to have done, thus putting the time of Falconio's disappearance back by 2 hours. Lees has admitted to earlier saying something that was not true.

A police officer has admitted receiving cigarette butts from Murdoch's former co-drug dealer James Hepi, that he gave to police in order to frame Murdoch. The police officer denied accepting the cigarette butts, however, and denies that police agreed to frame Murdoch.

A forensics expert has said that Murdoch was not the man in the CCTV video at Alice Springs truck stop, as Murdoch's build was far larger.

A forensics expert has said that the methods used to try to extract DNA from the hand ties was incorrect, and clearly showed that it was not Murdoch's DNA.

Murdoch accused the prosecutor Rex Wild, QC of playing dirty tricks to make him look guilty.

[edit]

Defence closing argument

Grant Algie and Mark Twiggs, lawyers representing the accused, Bradley John Murdoch, argued the following:



Peter Falconio faked his own death, and that when Peter Falconio and Joanne Lees stopped by the side of the road near Barrow Creek, it was to meet with a third man, of description unknown, in order to take Peter Falconio away, alive.



Police planted evidence, with the assistance of Murdoch's former drug running partner James Hepi, who had "both motive and opportunity" to frame Murdoch, after Murdoch had been central to Hepi's arrest.



They pointed to the absence of blood at the crime scene, to the mix ups with DNA, the lack of a body, the sightings of Falconio in the days thereafter, the inconsistency of Lees' testimony, the poor police procedures in handling evidence, and the lack of a positive identification of Bradley John Murdoch.



They suggested that sometimes, from time to time, for reasons best known to themselves, people just disappear. That sometimes they are found again, sometimes not.



[edit]

Prosecution closing argument

Rex Wild QC stated that this is what really happened:



Bradley John Murdoch saw Joanne Lees and Peter Falconio while in Alice Springs, and believed that they were following him. So he drove behind them as they travelled along the Stuart Highway, and then stopped, so as to get rid of them, because he feared that they may be spying on him and may contact police in relation to his drug running.



After stopping them, he panicked and killed Peter Falconio, making sure that there was no blood anywhere by making a shot directly to his head, then abducted Joanne Lees, binding her with cable ties, and putting her in the back of his vehicle.



Once in the back of his vehicle, Murdoch was trying to dispose of the body when Joanne Lees escaped in to surrounding shrubland. Murdoch then searched for her with his dog and a flashlight, but after five hours of searching he gave up.



Murdoch then buried Falconio in a place unknown in the Central Australian outback, wrapping Falconio's head with Lees' denim jacket so as to prevent any blood getting in the vehicle.



Then Murdoch panicked, and, rather than driving through the bush straight to Broome, he drove all the way back to Alice Springs, where he was spotted on close circuit television at the truck stop, getting supplies before heading out to Broome, where he travelled non stop at great speed, taking amphetamines to keep himself awake and alert.



Murdoch then altered his physical appearance as well as his vehicle's appearance so as to avoid detection, and immediately stopped running drugs because he feared that he might be linked to the murder.



Mr Wild suggested that there was no evidence whatsoever of any police corruption, and urged jurors to dismiss any suggestions as an unfounded conspiracy theory that was "plucked out of thin air". He has suggested that all of the evidence points to one obvious conclusion - that Murdoch killed Falconio. He stated that whilst no body has been found yet, it will be eventually, that it was only a matter of time, but that it "may be quite some time".



Mr Wild stated that Joanne Lees should be expected to have mild discrepancies with Murdoch's appearance, such as the length and colour of his hair, not noticing his teeth, the description of his car and dog, and other inconsistencies, because Lees was under a lot of stress and pressure during the incident.



Mr Wild asked the jury to ignore the evidence of the sightings of Peter Falconio and to dismiss them as not accurate, highlighting discrepancies in the stories of the various people who said to have seen him alive in the days after the attack.



Mr Wild stated that the DNA did match, and that there was no chance that it was not Murdoch's DNA,a and hence the jury must find him guilty.



Mr Wild said that Murdoch was a methodical killer, and that the crime was premeditated to "get rid of" someone, and suggested that he may have thought that Lees was travelling alone, since Falconio was asleep in the back when she drove by. He suggested that the methodical actions to get rid of any evidence suggesting he did it, as well as quickly getting away suggests the act of someone with extreme premeditation, and that it is the work of an obsessive methodical person, a man just like Murdoch.



Mr Wild asked the jury to ignore coincidental evidence that seemed to suggest that Murdoch didn't do it, stating that he had ample time to change the evidence to fit the story, to later suggest that he didn't do it.



[edit]

Chief Justice Brian Ross Martin's summation

Chief Justice Brian Ross Martin, the trial judge of the trial, made the following instructions to the jury:



"How you approach the evidence is a matter entirely for you. There are many issues that have been raised for your consideration. You may or may not find it necessary to resolve all the issues. You may or may not be able to resolve all of the issues. You must put aside the flamboyant suggestions of counsel that we do not need experts from the mother country to teach us colonials a thing or two,"

"Please put aside all the hyperbole and concentrate on the evidence before you. That's why you look at all the evidence, not just the experts. The question to be considered by you is whether you are satisfied the accused's blood came to be on the T-shirt in the course of attacking Miss Lees. Are you satisfied that the DNA came to be on the item because of contact in the course of the accused attacking Miss Lees? Or is it a reasonable possibility that the DNA came to be on the item through an innocent contact, or through some form of contamination either deliberate or accidental?" The judge said that, if the jury was satisfied that the blood came from Mr Murdoch, the Crown put the case that it was deposited while he was attacking Miss Lees. "Ladies and gentlemen, if that's your view, if you are satisfied the Crown's submission is correct, and you are satisfied that the man who attacked Miss Lees killed Peter Falconio, then the Crown will have proved its case of murder,"

"You must not reason that, because of those other activities, the accused is the type of person who is likely to have committed the offences charged. It provides the setting for the accused's travel and explains why he was on the road that weekend. If, from a consideration of all the other evidence, you are satisfied it was the accused and his vehicle at the truck stop, it will follow that you are satisfied that the accused has not been truthful with you and others,"

[edit]

Media related links

In early 2005 a film made in Australia, Wolf Creek was shown at the Cannes Film Festival and shown on national release in the United Kingdom and Ireland on 16 September 2005. It was released in Australia on 3 November 2005 (apart from the Northern Territory, where it will be released after the trial has finished), so as to not unduly influence the jury. The film is meant to be based on 'true stories', although the producers have said that it is not directly linked to any specific stories. Many media outlets have suggested that it is based on the 1989-1992 backpacker murders and the Peter Falconio disappearance, whilst the 1992-1999 Snowtown murders has been suggested because of the manner with which the people were killed.



[edit]

Red Rooster alibi

During Murdoch's committal hearing, Lees mentioned that she and Falconio had stopped at a Red Rooster restaurant in Alice Springs. Murdoch claimed to have stopped at the same restaurant to buy chicken for himself and his dog - "First thing in Alice, pulled into the Red Rooster... Chicken roll, box of nuggets for Jack... Full chicken for the trip." Grant Algie suggested that Murdoch might have cut himself and inadvertently left blood at the restaurant which later transferred to Lees' shirt, explaining the presence of his DNA there.



In April 2006, The Bulletin reported that Murdoch had refused to be served chicken while incarcerated during the committal and trial, claiming he was allergic to it, and that he has a standing medical certificate at Berrimah Prison requesting that he never be served chicken.[5]



[edit]

See also

Crime in the Northern Territory

Joanne Lees

Bradley John Murdoch

James Hepi

R v Murdoch

[edit]

External links

[edit]

Supreme Court of the Northern Territory Court Decisions

The Queen v Murdoch 2005 NTSC 80 (15 December 2005)

The Queen v Murdoch 2005 NTSC 79 (15 December 2005)

The Queen v Murdoch 2005 NTSC 78 (15 December 2005)

The Queen v Murdoch 2005 NTSC 77 (15 December 2005)

The Queen v Murdoch 2005 NTSC 76 (15 December 2005)

The Queen v Murdoch 2005 NTSC 75 (15 December 2005)

[edit]

News reports prior to trial

Film delayed until after Australian murder trial (14 October 2005). Reuters. (broken link)

Lees to testify at Falconio murder trial (16 October 2005). The Age.

[edit]

Investigations and reports on case

Missing Person Register coverage including statements suggesting that Falconio faked his own death. (Coverage from July 2001 - August 2002 - prior to Murdoch being found). Missing Persons Register.

The Falconio story (18 October 2001). ABC Australian Story.

Falconio's last ride (6 February 2004). Bulletin - a very detailed look at the trial during its committal stages.

Unsolved Crimes investigation in to the matter (Possibly mid 2004). by British Author S. C. Lomax.

British Author S. C. Lomax talks about why he thinks that Murdoch did not kill Falconio (mid 2005). S. C. Lomax.

Australia gripped by trial (16 October 2005). BBC News.

Outback keeps another secret (3 December 2005). The Australian.

[edit]

Coverage of trial

Yahoo News Coverage of Falconio trial

Scotsman.com News Coverage of Falconio trial

[edit]

News reports during trial

Note: Many of these news reports were removed by the news organisations that host these web addresses. It may not be possible to freely get a copy of many of these sources for your own information. Additionally, some of the news reports which currently have valid links may cease to have valid links in the next few weeks. Wikipedia is not responsible for a link becoming broken in the future, and the individual media outlet should be contacted if you have an interest in viewing the original report



Falconio's father denies son faked his own death (18 October 2005). Herald Sun.

DNA ties Murdoch (18 October 2005). The Age.

Murdoch drug running as Lees smokes (18 October 2005). Herald Sun.

Lees denies seeing Murdoch at Alice Springs fast food outlet (20 October 2005). Channel 4 News.

Lees shows unity with Falconio family (22 October 2005). Independent Online Edition Australasia.

Aboriginal Woman saw suspect vehicle (22 October 2005). Channel 4 News.

Doctor contradicts Lees claim of head blow (22 October 2005). Telegraph.

Lees reconciles with Falconio family (22 October 2005). World News.

Defence questions Lees account of events (22 October 2005). Guardian Unlimited.

Murdoch could have evaded road blocks (24 October 2005). Sydney Morning Herald.

Witnesses contradict Lees story (24 October 2005). ABC Online.

Falconio seen at roadside cafe (24 October 2005). BBC News.

Falconio and Lees spotted at roadhouse (24 October 2005). The Age.

No spent cartridges at crime scene (26 October 2005). ABC Online.

Officer confused about black tape and lip gloss (27 October 2005). The Sun Online.

Officer tells of gap in Falconio evidence record (28 October 2005). ABC Online.

Forensic Lab not up to standards, and all DNA tests are not official (31 October 2005). BBC News.

Explanation given for why there was no bullet or residue found (31 October 2005). The Age.

Forensics say DNA on t-shirt is definitely Murdoch's (1 November 2005). ABC PM program.

Extra DNA found on hand ties (2 November 2005). The Age.

Blood on road was Peter Falconio's (31 October 2005). The Daily Telegraph.

DNA on hand ties is definitely Murdoch's (3 November 2005). LaSalute.net.

Trial hears DNA evidence (3 November 2005). ABC PM program.

Search for Peter Falconio's body still current (9 November 2005). ABC News Online.

Murdoch made cable ties (10 November 2005). Sydney Morning Herald.

Witness tells of drug runs with Murdoch (10 November 2005). ABC News Online.

Murdoch carried gun (10 November 2005). Advertiser.

Jury told how Murdoch made hand ties (10 November 2005). ABC PM program.

Murdoch was drug runner (10 November 2005). BBC News.

Murdoch had to "get rid of someone" on July 2001 drug run, says former friend (11 November 2005). De Havilland.

Director of Forensics baffled as to how his DNA ended up on hand ties (11 November 2005). ABC News Online.

Former girlfriend testifies against Murdoch. Judge orders her testimony, and that of Murdoch's former business partner be ignored by the jury as they are unreliable witnesses (11 November 2005). ABC PM program.

Murdoch's ex-girlfriend identifies Murdoch as the killer (11 November 2005). The Age.

Search for murder weapon in vain (14 November 2005). The Australian.

Alice Springs truck stop surveillance video confirmed to be Murdoch (14 November 2005). News.com.

Falconio DNA evidence unverified, Truck stop operator describes person caught on closed circuit television (15 November 2005). ABC News Online.

Man just missed police (15 November 2005). The Age.

Defence question security footage analysis (15 November 2005). ABC News Online.

Inexperienced sketch artist used by police (16 November 2005). ABC News Online.

Trial may go in to Christmas, as only 39 of 80 witnesses have been heard (16 November 2005). ABC News Online.

Murdoch in court (16 November 2005). The Age.

Judge advises jurors to take note of police errors, after advising them to dismiss defence suggestions about the quality of the images in truck stop video (17 November 2005). The Age.

Murdoch's footprints don't match (17 November 2005). ABC News Online.

Lees relived attack (17 November 2005). The Australian.

Murdoch tells his side of the story - that he was set up by his former business partner James Hepi, and that police framed him (17 November 2005). TV One New Zealand.

Murdoch's Former Boss testifies (21 November 2005). The Daily Telegraph.

Murdoch changed car (21 November 2005). The Australian.

Toothless smile of Murdoch (22 November 2005). Sydney Morning Herald.

Murdoch regularly changed his vehicles (22 November 2005). ABC News Online.

Murdoch dobbed in ex-partner to police (22 November 2005). News.com.au.

Murdoch quiet and meticulous (22 November 2005). News.com.au.

Murdoch tried to sell someone a gun the day before the alleged murder (23 November 2005). The Age.

Murdoch followed a woman, giving her drugs every hour or so along remote stretches of Australia (23 November 2005). Sydney Morning Herald.

The conditions in the Top End at the time of the offence meant it was possible to drive the distances that Murdoch is accused of driving in the times that it was suggested he did it (23 November 2005). ABC News Online.

Police searched a 390 km area along the Stuart Highway a few days after Falconio disappeared, but found nothing (23 November 2005). Herald Sun.

The canopy of the vehicle was seen in the closed circuit video at the Alice Springs truck stop, suggesting it was Murdoch's car (23 November 2005). Herald Sun.

Falconio seen alive (24 November 2005). Sydney Morning Herald.

Murdoch's former flatmate testifies (24 November 2005). The Australian.

Prosecution case enters last few days (25 November 2005). ABC News Online.

Chief Investigating Officer claims he did not plant DNA on hand ties (25 November 2005). The Age.

Lees phone call to friend on day of murder changes Lees timelines and Lees admits to lying (28 November 2005). ABC Radio Darwin.

Falconio's personal items are still missing, Lees denies telling police her Kombi had shelving, police officer forgot to tell court about hand ties being informally investigated in Adelaide. (28 November 2005). The Age.

Policeman forgot hand tie check (28 November 2005). The Australian.

Lees phone call under scrutiny (28 November 2005). ABC News Online.

Prosecution recalls Lees to stand (28 November 2005). De Havilland UK.

4 people told police that Murdoch was killer (28 November 2005). ABC News Online.

Police officer denies receiving cigarette butts from Hepi to help plant Murdoch's DNA (28 November 2005). ABC PM program.

Murdoch admits drug trafficking (29 November 2005). Edinburgh News.

Lees explains original description of attacker's vehicle (29 November 2005). Northern Ireland Newsletter.

Murdoch denies proximity to murder scene (29 November 2005). Dehavilland UK.

Murdoch admits drug trafficking with Hepi (29 November 2005). Radio New Zealand.

Murdoch says he was 300 km away at time of murder (29 November 2005). The Age.

10 people told police they saw Falconio alive after alleged attack (29 November 2005). Herald Sun.

Prosecution closes case (29 November 2005). The Courier Mail.

Defence and Murdoch demonstrate that truck stop video wasn't of Murdoch (29 November 2005). ABC News Online.

Prosecution suggests Murdoch buried body (30 November 2005). Channel 7 Australia News.

Murdoch admits he carried guns (30 November 2005). Times Online UK.

Murdoch says he was 370 miles away in Yuendumu at time of attack (30 November 2005). News Telegraph UK.

Murdoch claims he drove slowly to Broome (30 November 2005). ABC News Online

Forensics experts say Murdoch had a different build to the man in the video (1 December 2005). The Guardian UK.

All prosecution evidence tendered (1 December 2005). ABC News Online.

Murdoch denies wrapping Falconio's head with Lees' denim jacket (1 December 2005). Herald Sun.

Murdoch trial faces interrupting as juror leaves courtroom (1 December 2005). ABC News Online.

Several of Murdoch's friends thought that he was the killer (1 December 2005). Daily Telegraph Australia.

Murdoch accuses prosecutor of playing dirty tricks (1 December 2005). Sydney Morning Herald.

Forensics experts say Murdoch was not the man in the video; and DNA on hand ties was not Murdoch's (2 December 2005). The Age.

Murdoch may have been framed for the murder (5 December 2005). BBC News.

Aspects of case "strange", says Murdoch's lawyer (5 December 2005). News.com.au

Police may have framed Murdoch, says Murdoch's lawyer (5 December 2005). The Age.

Defence claim that Murdoch was nowhere near the murder scene (5 December 2005). ABC News online.

Defence begins summing up in Murdoch trial (5 December 2005). The China Post.

Judgement day looms for Murdoch (5 December 2005). The Sunday Times.

Jury told Falconio might not be dead (5 December 2005). ABC News Online.

Falconio had everything to live for (6 December 2005). ABC News Online.

Lees' evidence proves Murdoch's innocence (6 December 2005). ABC News Online.

Falconio may have faked his own death (6 December 2005). The Independent.

Falconio may not be dead (6 December 2005). Mirror.co.uk.

Police corruption claims nonsense (6 December 2005). News.com.au.

Falconio staged his own disappearance (6 December 2005). The Scotsman.

Falconio may still be in hiding (6 December 2005). Telegraph.

Lindy Chamberlain case mentioned in trial (6 December 2005). The Courier Mail.

Falconio may have staged his own death (6 December 2005). The Scotsman.

Jury told to ignore Falconio sightings (7 December 2005). ABC News Online.

Jury told that DNA evidence is conclusive (7 December 2005). ABC News Online.

Jury told that Lees' story is accurate (7 December 2005). News.com.au.

Murdoch tailored story says prosecutor (7 December 2005). BBC News.

DNA the key to prosecution case (8 December 2005). News.com.au

Trial delayed for 1 day for juror's funeral (8 December 2005). News.com.au

Prosecution says Murdoch is a cunning methodical killer (8 December 2005). The Age

Judge sums up evidence (9 December 2005). BBC News.

Judge tells jurors to put aside emotions (9 December 2005). ABC News Online.

Judge advises jury to make decision based on believability of Joanne Lees' evidence (9 December 2005). Mianichi Daily News, Japan.

A ghost in Darwin (11 December 2005). Stuff New Zealand.

Judge orders jury to ignore CCTV evidence (12 December 2005). BBC News UK.

Judge orders jury to ignore Hepi's evidence (12 December 2005). Stuff New Zealand.

Jury retires in Falconio case (13 December 2005). TV NZ.

Jury out in Falconio case (13 December 2005). BBC News.

Jury retires (13 December 2005). The Daily Telegraph.

Judge warns jury on evidence (13 December 2005). News.com.au

[edit]

News reports about the verdict

Timeline of the case (13 December 2005). News.com.au

Report on verdict (13 December 2005). BBC News.

Detailed report (13 December 2005). Times UK.

Report (13 December 2005). Telegraph.

Report (13 December 2005). Reuters.

Detailed report (13 December 2005). The Age.

Opinion (13 December 2005). The Independent.

Report (13 December 2005). Times.

Report (13 December 2005). BBC News.

Report (13 December 2005). Sydney Morning Herald.

Brief report (13 December 2005). The Scotsman.

Opinion (13 December 2005). BBC News.

Report (13 December 2005). CNN.

Opinion (13 December 2005). Daily News.

Report (13 December 2005). The Age.

Vindication of Joanne Lees (14 December 2005). Yorkshire Post.

Murdoch gets 28 Years (15 December 2005). Northern Territory News

Part of the series on Crime in Australia

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International: Crime by country



Retrieved from "http://en.wikipedia.org/wiki/Peter_Falconio"

Categories: 2001 in Australia | British murder victims | Australian murder victims | Crime in the Northern Territory | Disappeared people | History of the Northern Territory



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