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Monday, 16 September, 2002, 13:28 GMT 14:28 UK
Falconio trial 'could take years'
Joanna Lees, Peter's girlfriend, survived the attack
A man suspected of involvement in the abduction and presumed murder of missing British tourist Peter Falconio might not face trial for 15 years.
Bradley John Murdoch, 44, already faces separate charges of abduction and rape in South Australia (SA) which could result in a 15-year jail term if convicted. Under Australian federal law he could not be extradited to face charges in another state until he had served any sentence. Mr Falconio, 28, from near Huddersfield, is believed to have been shot by a gunman as he and his girlfriend Joanne Lees were travelling in the Northern Territory in July 2001.
Magistrates have already ruled that South Australian police can examine Mr Murdoch's DNA sample in their investigation of the alleged rape. But Mr Murdoch, who is accused of abducting and raping a woman and her 12-year-old daughter, is to appeal against this decision in the SA Supreme Court. If the court rules the DNA can be used in the South Australia case, 1,600-kilometres (1,000 miles) away, police in the Northern Territory will want to get hold of the sample to compare it to evidence found on Ms Lees' T-shirt. But if Mr Bradley is convicted in South Australia, his possible extradition to the Northern Territory could take years.
'Protocol' Australian Bar Association president Brett Walker, SC, said it would be enormously difficult to provide a fair trial if it did not take place for another 15 years. He said: "The passing of months is bad enough. The passing of years is intolerable. "It is a hugely difficult problem and I presume that it would normally be worked out by a protocol between the neighbouring state and territory as to which goes first." Minor charges will often be dropped if a suspect faces more serious offences interstate, but legal experts are doubtful that this would apply in a case of multiple rape and abduction charges.
"Once you get into serious offences, one can't give up or transfer jurisdiction," said Mr Walker. "We do not have means by which, as it were, everything can be done in the one place unless it is an offence against federal law." A long delay could also frustrate anyone hoping to collect a $137,000 (US) reward offered in the Falconio case, as it would only be paid after a successful prosecution. Mr Falconio's girlfriend, Joanne Lees, told police they were attacked after being flagged down near the tiny outpost of Barrow Creek, 175 miles north of Alice Springs. She managed to escape and raise the alarm, but Mr Falconio's body has never been found.
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