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These are the user uploaded subtitles that are being translated: 1 00:00:02,043 --> 00:00:06,683 This programme contains strong language from the outset. 2 00:00:06,723 --> 00:00:10,043 Bradley Murdoch, a self-confessed drug runner, has been convicted 3 00:00:10,083 --> 00:00:14,163 of murdering the British backpacker Peter Falconio four years ago. 4 00:00:14,203 --> 00:00:16,483 He's also been found guilty of abducting and assaulting 5 00:00:16,523 --> 00:00:18,923 Mr Falconio's girlfriend, Joanne Lees, 6 00:00:18,963 --> 00:00:20,723 during their holiday in Australia. 7 00:00:20,763 --> 00:00:24,963 Peter Falconio's parents left Darwin Supreme Court for the last time, 8 00:00:25,003 --> 00:00:28,403 having sat through the eight-week trial, the guilty verdict 9 00:00:28,443 --> 00:00:30,403 and today's sentence. 10 00:00:30,443 --> 00:00:32,803 Because of the intense public interest, 11 00:00:32,843 --> 00:00:36,843 the judge allowed a camera into court to record his blunt remarks. 12 00:00:38,563 --> 00:00:42,963 I must sentence you on the basis of facts that I find proven 13 00:00:43,003 --> 00:00:45,763 and that are consistent with the verdicts of the jury. 14 00:00:47,523 --> 00:00:53,963 In July 2001, Mr Falconio and Ms Lees were aged 28 and 27 years. 15 00:00:58,123 --> 00:01:02,883 On 14 July, 2001, you destroyed not only their plans 16 00:01:02,923 --> 00:01:04,723 but the life of Peter Falconio. 17 00:01:06,523 --> 00:01:09,363 I am satisfied that you pretended there were sparks 18 00:01:09,403 --> 00:01:11,763 coming from the rear of the Kombi. 19 00:01:11,803 --> 00:01:16,403 While Mr Falconio was looking to see if sparks were emitted 20 00:01:16,443 --> 00:01:20,683 and, as Ms Lees revved the engine, you shot Mr Falconio in the head. 21 00:01:22,363 --> 00:01:24,883 You then confronted Ms Lees with the gun 22 00:01:24,923 --> 00:01:28,843 and you tied her hands behind her with handcuffs made from cable ties. 23 00:01:30,083 --> 00:01:32,963 Ms Lees either fell or was pushed from the Kombi 24 00:01:33,003 --> 00:01:35,323 onto the gravel verge of the Stuart Highway. 25 00:01:36,923 --> 00:01:40,363 In that process, she sustained abrasions to her knees 26 00:01:40,403 --> 00:01:42,363 and, probably, to her elbows. 27 00:01:43,843 --> 00:01:47,163 I am satisfied that you put the body of Mr Falconio 28 00:01:47,203 --> 00:01:49,123 into the rear of your vehicle 29 00:01:49,163 --> 00:01:52,323 and you travelled across the Tanami to Broome. 30 00:01:53,363 --> 00:01:57,043 Somewhere on that journey, you buried the body of Mr Falconio. 31 00:01:58,163 --> 00:02:02,443 I am satisfied that there is a complete lack of any remorse. 32 00:02:02,483 --> 00:02:05,483 I fix a non-parole period of 28 years 33 00:02:05,523 --> 00:02:08,163 commencing on 10 November, 2003. 34 00:02:08,203 --> 00:02:10,323 Would you please remove the prisoner? 35 00:02:16,643 --> 00:02:20,323 Police in Australia say they fear the worst for a British tourist 36 00:02:20,363 --> 00:02:24,763 who disappeared after being attacked in a remote part of the Outback. 37 00:02:24,803 --> 00:02:27,683 Peter Falconio was shot by a gunman who attempted to 38 00:02:27,723 --> 00:02:30,243 abduct his girlfriend, Joanne Lees. 39 00:02:30,283 --> 00:02:33,403 The search for Peter Falconio goes on. 40 00:02:33,443 --> 00:02:36,283 The jury unanimously found Bradley John Murdoch 41 00:02:36,323 --> 00:02:38,963 guilty of murdering Peter Falconio. 42 00:02:39,003 --> 00:02:42,803 Bradley Murdoch will spend at least 28 years in prison. 43 00:02:42,843 --> 00:02:44,323 That's who did it. 44 00:02:44,363 --> 00:02:46,843 Most definitely did not do it. 45 00:02:46,883 --> 00:02:48,163 I'm not a fucking murderer! 46 00:02:51,123 --> 00:02:53,363 This was a real Agatha Christie thriller. 47 00:02:54,843 --> 00:02:57,643 No-one really knew quite what had happened. 48 00:02:57,683 --> 00:03:00,683 He says, shut up and I won't shoot you. 49 00:03:00,723 --> 00:03:02,803 Why didn't she see the body? 50 00:03:02,843 --> 00:03:04,803 How do you even know he's dead? 51 00:03:04,843 --> 00:03:08,363 No-one doubts me. It's only media. 52 00:03:08,403 --> 00:03:11,443 We will find the key to this. 53 00:03:11,483 --> 00:03:15,003 The answer to this case lies in the police file. 54 00:03:15,043 --> 00:03:18,123 People that think they know the story probably don't. 55 00:03:18,163 --> 00:03:19,163 Bang! 56 00:03:19,203 --> 00:03:22,643 I'm looking straight at this bloke I've just seen in the paper. 57 00:03:26,763 --> 00:03:29,763 That's him, all right. Bad news, that bloke. 58 00:03:29,803 --> 00:03:32,643 I couldn't believe this had never seen the light of day. 59 00:03:32,683 --> 00:03:36,403 This case never goes away - it just sleeps for periods of time. 60 00:03:36,443 --> 00:03:38,403 Things like this just don't happen. 61 00:03:39,443 --> 00:03:42,643 Somebody knows what happened that night, really knows. 62 00:03:45,323 --> 00:03:49,123 There is so much more to this story than people ever imagined. 63 00:04:12,523 --> 00:04:16,643 To understand how Murdoch became a major suspect, 64 00:04:16,683 --> 00:04:19,683 you have to go back right to the very, very beginning 65 00:04:19,723 --> 00:04:21,603 of the police investigation. 66 00:04:23,123 --> 00:04:26,083 The police were under an enormous amount of pressure 67 00:04:26,123 --> 00:04:29,403 to find the man responsible for Peter Falconio's murder. 68 00:04:29,443 --> 00:04:31,163 They had the pressure of the media. 69 00:04:33,603 --> 00:04:36,523 The police, you know, realised they had to find someone, 70 00:04:36,563 --> 00:04:40,723 otherwise there would be questions about their investigative ability. 71 00:04:47,723 --> 00:04:50,723 And also, if people thought that there was a madman 72 00:04:50,763 --> 00:04:52,723 going around killing people, 73 00:04:52,763 --> 00:04:56,403 it might deter tourists from visiting the Northern Territory. 74 00:05:02,123 --> 00:05:04,923 The police discovered a quite a significant piece of evidence 75 00:05:04,963 --> 00:05:08,723 very early on in the enquiry into the murder of Peter Falconio. 76 00:05:10,563 --> 00:05:13,283 And that came in the form of a tiny speck of DNA 77 00:05:13,323 --> 00:05:15,923 which they found on Joanne Lees' T-shirt. 78 00:05:20,163 --> 00:05:23,763 Now, that wasn't Peter Falconio's DNA, it wasn't Joanne's DNA. 79 00:05:23,803 --> 00:05:27,163 They couldn't identify where that DNA had come from. 80 00:05:28,643 --> 00:05:31,603 And they realised that if they could identify that DNA 81 00:05:31,643 --> 00:05:34,683 that had been transferred to her clothing, 82 00:05:34,723 --> 00:05:37,403 they would almost certainly find their killer. 83 00:05:39,603 --> 00:05:45,763 We are currently searching the Australian databases. 84 00:05:45,803 --> 00:05:50,323 We have currently notified our friends and colleagues overseas, 85 00:05:50,363 --> 00:05:54,683 including New Zealand, United States, Great Britain. 86 00:05:54,723 --> 00:05:58,243 The police didn't really make any progress for about a year 87 00:05:58,283 --> 00:06:01,923 until they got a tip-off by a man called James Hepi. 88 00:06:03,563 --> 00:06:05,083 Hepi provided the evidence 89 00:06:05,123 --> 00:06:08,203 which police believed could convict Bradley Murdoch. 90 00:06:12,843 --> 00:06:16,163 James Hepi had a good business going down in South Australia, 91 00:06:16,203 --> 00:06:17,323 growing cannabis. 92 00:06:18,443 --> 00:06:20,843 Murdoch was essentially his business partner. 93 00:06:23,763 --> 00:06:26,403 Hepi wasn't very happy with Murdoch. 94 00:06:26,443 --> 00:06:28,083 A certain amount of cash had disappeared 95 00:06:28,123 --> 00:06:31,643 and a certain amount of cannabis had disappeared, 96 00:06:31,683 --> 00:06:34,723 and Hepi believed that Murdoch had done him over in some way or other. 97 00:06:43,843 --> 00:06:48,523 Hepi was arrested by the police one morning for drug smuggling. 98 00:06:50,163 --> 00:06:53,683 And he realised that he could get a fairly lengthy jail term 99 00:06:53,723 --> 00:06:54,723 as a result of this. 100 00:06:56,083 --> 00:06:58,963 He said to the police, well, maybe I can give you a bit of help 101 00:06:59,003 --> 00:07:03,043 regarding the Falconio case in exchange for a lighter sentence. 102 00:07:03,083 --> 00:07:04,723 So he drew the police in. 103 00:07:06,243 --> 00:07:09,123 He said, I believe it was Bradley Murdoch, and this is why. 104 00:07:12,203 --> 00:07:17,523 James Hepi claimed that Murdoch had said to him, back in 2001, 105 00:07:17,563 --> 00:07:19,723 you know, it's very easy to hide a body - 106 00:07:19,763 --> 00:07:21,563 you just bury it in a spoon drain, 107 00:07:21,603 --> 00:07:24,163 which is an area of mud by the side of the road. 108 00:07:25,723 --> 00:07:26,803 And on another occasion, 109 00:07:26,843 --> 00:07:31,443 he remembers Murdoch working with cable ties - 110 00:07:31,483 --> 00:07:34,483 the sort of ties that were eventually used 111 00:07:34,523 --> 00:07:37,243 to tie Joanne Lees' wrists together. 112 00:07:39,563 --> 00:07:42,523 He gave the police the information and, in return, 113 00:07:42,563 --> 00:07:46,403 when Hepi appeared in court, he got his get out of jail free card. 114 00:08:03,683 --> 00:08:07,723 And once the police had Murdoch in their frame, 115 00:08:07,763 --> 00:08:10,523 they had to find DNA evidence from Murdoch 116 00:08:10,563 --> 00:08:15,123 to compare with the DNA they'd found on the back of Joanne's T-shirt. 117 00:08:18,163 --> 00:08:22,123 A 44-year-old man was arrested in Port Augusta Wednesday night 118 00:08:22,163 --> 00:08:24,603 and charged with the rape and abduction 119 00:08:24,643 --> 00:08:26,883 of a woman and her teenage daughter. 120 00:08:26,923 --> 00:08:28,763 Three months later, 121 00:08:28,803 --> 00:08:33,963 Murdoch was arrested for the rape of a mother and her daughter... 122 00:08:36,123 --> 00:08:40,203 ..and that gave police the opportunity to obtain his DNA. 123 00:08:41,283 --> 00:08:45,083 Advice from South Australia that Bradley Murdoch had been arrested. 124 00:08:45,123 --> 00:08:48,883 Obviously, it's quite a significant breakthrough in this investigation. 125 00:08:50,683 --> 00:08:53,643 And the exciting thing about it was we believed, 126 00:08:53,683 --> 00:08:57,563 at that point in time, we can get a DNA sample from Murdoch. 127 00:08:59,843 --> 00:09:01,923 Getting a sample of Murdoch's DNA 128 00:09:01,963 --> 00:09:04,803 was incredibly important to the whole case. 129 00:09:13,843 --> 00:09:18,043 I'll admit that this whole case has exercised my mind 130 00:09:18,083 --> 00:09:20,203 for a very, very long time. 131 00:09:20,243 --> 00:09:23,083 I'm the chief court reporter of The Advertiser newspaper, 132 00:09:23,123 --> 00:09:25,603 which is the main newspaper in South Australia. 133 00:09:25,643 --> 00:09:28,643 I cover the Supreme, District and Magistrates' Courts, 134 00:09:28,683 --> 00:09:30,523 and have done for almost 20 years. 135 00:09:32,643 --> 00:09:34,643 At the time of the Falconio case, 136 00:09:34,683 --> 00:09:37,083 I was a very young, very new journalist, 137 00:09:37,123 --> 00:09:40,563 and I ended up smack dab in the middle of the whole thing. 138 00:09:43,083 --> 00:09:46,243 We got word very early on that Murdoch had been arrested 139 00:09:46,283 --> 00:09:51,803 in South Australia, so I was tasked to go along and cover the case. 140 00:09:51,843 --> 00:09:56,043 The allegation was that, following the Falconio incident, 141 00:09:56,083 --> 00:09:59,363 Murdoch had kidnapped a woman and her daughter 142 00:09:59,403 --> 00:10:02,043 and sexually assaulted both of them. 143 00:10:03,603 --> 00:10:06,603 Oh, if I can't beat it and I get found guilty, well, 144 00:10:06,643 --> 00:10:08,723 I'll just have to sit and wait it. 145 00:10:08,763 --> 00:10:10,843 But I'll tell you what - I'll be a bloody angry man 146 00:10:10,883 --> 00:10:11,883 when I come out. 147 00:10:15,883 --> 00:10:17,443 They said this was in all the evidence, 148 00:10:17,483 --> 00:10:18,683 and all the fucking rest of it. 149 00:10:18,723 --> 00:10:21,563 I said, "Well, that's what I've said right from the start. 150 00:10:21,603 --> 00:10:24,283 "There fucking won't be because I never fucking did it!" 151 00:10:25,963 --> 00:10:26,963 In the hearing, 152 00:10:27,003 --> 00:10:29,643 the prosecution sought permission to DNA test 153 00:10:29,683 --> 00:10:32,123 blood and swab samples taken from Murdoch - 154 00:10:32,163 --> 00:10:33,843 but his lawyer, Grant Algie, 155 00:10:33,883 --> 00:10:36,763 told the court, the application in the rape case 156 00:10:36,803 --> 00:10:40,963 is only a smokescreen to get the DNA for the Falconio investigation. 157 00:10:42,563 --> 00:10:45,963 His defence has always been that he was falsely accused 158 00:10:46,003 --> 00:10:49,483 and set up with respect to these offences. 159 00:10:49,523 --> 00:10:53,003 Bradley Murdoch's DNA has been checked against material 160 00:10:53,043 --> 00:10:57,483 left on Joanne Lees' T-shirt - the results enough to convince 161 00:10:57,523 --> 00:11:00,443 the police he is the man that they've been looking for. 162 00:11:05,963 --> 00:11:08,083 I was advised that it was a match. 163 00:11:08,123 --> 00:11:12,763 How I felt personally was some relief, considerable relief. 164 00:11:12,803 --> 00:11:16,643 All of a sudden, significant circumstantial evidence 165 00:11:16,683 --> 00:11:20,563 started to grow around his prosecution. 166 00:11:20,603 --> 00:11:22,763 At an appropriate time in the not too distant future, 167 00:11:22,803 --> 00:11:25,923 we'll be seeking to swear out a warrant for the arrest 168 00:11:25,963 --> 00:11:28,803 of this person for the murder of Peter Falconio. 169 00:11:31,923 --> 00:11:34,883 Meanwhile, in the rape case in Adelaide, 170 00:11:34,923 --> 00:11:38,243 the jury goes out to consider their verdict. 171 00:11:38,283 --> 00:11:41,083 We had Northern Territory Police officers 172 00:11:41,123 --> 00:11:45,563 with a warrant to arrest Murdoch on his release, if he got released. 173 00:11:47,483 --> 00:11:50,923 Four hours and 12 minutes later, the jury walks back in. 174 00:11:50,963 --> 00:11:54,643 The jury says, we find him not guilty. 175 00:11:54,683 --> 00:11:58,283 Judge Michael David says, Mr Murdoch, you're free to go. 176 00:12:01,483 --> 00:12:04,203 Nobody in the court room knows quite what to do. 177 00:12:04,243 --> 00:12:08,083 Murdoch, all seven feet of him, looks around, wild-eyed... 178 00:12:09,363 --> 00:12:11,563 ..dashes out the dock and toward the door. 179 00:12:13,923 --> 00:12:15,203 The Northern Territory Police 180 00:12:15,243 --> 00:12:17,923 and the South Australian Police leap up from the public gallery 181 00:12:17,963 --> 00:12:20,403 to try to intercept him and crash tackle him into the wall. 182 00:12:20,443 --> 00:12:22,483 Journos are caught in the middle of all this - 183 00:12:22,523 --> 00:12:24,843 we're being pushed all over the place. 184 00:12:26,083 --> 00:12:28,403 Judge David yells out, "Stop, stop!" 185 00:12:28,443 --> 00:12:31,843 "You can't arrest a person inside a courthouse - it's illegal!" 186 00:12:33,203 --> 00:12:35,083 Next thing you know, a flood of coppers 187 00:12:35,123 --> 00:12:36,723 comes in from the other direction, 188 00:12:36,763 --> 00:12:40,243 catch Murdoch on the middle landing, handcuff him, 189 00:12:40,283 --> 00:12:44,403 turn him around backwards and start frog marching him down the stairs. 190 00:12:46,603 --> 00:12:49,963 Within seconds of him getting out of the court, 191 00:12:50,003 --> 00:12:54,283 he was rearrested by the police from the Northern Territory 192 00:12:54,323 --> 00:12:56,243 over the Falconio murder. 193 00:12:56,283 --> 00:12:58,283 The defence obviously objected to this, 194 00:12:58,323 --> 00:13:01,003 but there was nothing they could do. 195 00:13:01,043 --> 00:13:02,763 Brad, did you kill Peter Falconio? 196 00:13:11,163 --> 00:13:13,723 Get in the car, come on. Come on, let's go, come on. 197 00:13:13,763 --> 00:13:17,763 Any hopes of release, any hopes of freedom were dashed there and then. 198 00:13:24,923 --> 00:13:27,523 And you could see not only the disappointment 199 00:13:27,563 --> 00:13:30,003 but the rage that created within him. 200 00:13:33,963 --> 00:13:37,203 One of the things that Murdoch's defence counsel insisted 201 00:13:37,243 --> 00:13:41,083 was that it was a frame-up, that no sexual offending had occurred, 202 00:13:41,123 --> 00:13:46,363 that this was all staged simply to get Murdoch's DNA into the record. 203 00:13:46,403 --> 00:13:49,363 Oh, mate, it's all happening out here! They're recording now. 204 00:13:49,403 --> 00:13:51,043 It's fucking chaos! 205 00:13:51,083 --> 00:13:54,963 And I just can't shake the feeling that that's what it was all about. 206 00:14:16,203 --> 00:14:18,843 When we first discovered Jo on the side of the road... 207 00:14:21,563 --> 00:14:22,643 ..geez, the emotions. 208 00:14:27,403 --> 00:14:29,283 I've seen a lot of things over a lot years, 209 00:14:29,323 --> 00:14:31,843 but that, I have never seen before in anybody's face. 210 00:14:34,883 --> 00:14:37,083 That girl was that scared. 211 00:14:42,323 --> 00:14:45,283 She had what we referred to as "100-mile an hour" tape. 212 00:14:45,323 --> 00:14:49,083 She had that wrapped around her neck fairly tight through her hair. 213 00:14:49,123 --> 00:14:51,643 Cable ties around her wrists were fairly tight. 214 00:14:51,683 --> 00:14:54,683 And she had a bit of tape around her leg. I pulled that off, 215 00:14:54,723 --> 00:14:57,243 and I thought, "Oh, I better keep this stuff. 216 00:14:58,283 --> 00:14:59,603 "You know, she's been tied up. 217 00:14:59,643 --> 00:15:01,483 "She's out here in the desert," you know, 218 00:15:01,523 --> 00:15:03,763 "I better keep this stuff as evidence." You know. 219 00:15:11,883 --> 00:15:16,523 When we got to the Roadhouse at Barrow Creek, I told Rod to 220 00:15:16,563 --> 00:15:21,803 stay in the truck with her, keep her...keep her calm. 221 00:15:24,643 --> 00:15:26,403 While I went in to make a phone call 222 00:15:26,443 --> 00:15:29,723 and let people know about what just went down, 223 00:15:29,763 --> 00:15:36,603 Rod took Joanne to the toilet block and then he just cleaned her up. 224 00:15:36,643 --> 00:15:38,723 She had scratched knees and shit. 225 00:15:41,163 --> 00:15:42,883 And then after the coppers said to me, 226 00:15:42,923 --> 00:15:47,443 "Don't wash your hands, don't clean up, don't do nothing, wait till 227 00:15:47,483 --> 00:15:50,803 "we get there," I thought, 228 00:15:50,843 --> 00:15:53,363 "Oh, well, that's blown that out the window." You know. 229 00:15:56,123 --> 00:15:58,043 I couldn't clean her up too much - 230 00:15:58,083 --> 00:15:59,283 and this was the whole problem 231 00:15:59,323 --> 00:16:01,083 because if I'd clean her up too much, 232 00:16:01,123 --> 00:16:04,883 there would've been too much evidence contaminated and destroyed, 233 00:16:04,923 --> 00:16:09,443 so I had to sort to leave her as best we could without going too far. 234 00:16:12,363 --> 00:16:16,643 I had no criticism whatsoever over destorying evidence or trying 235 00:16:16,683 --> 00:16:17,843 to clean her up. 236 00:16:17,883 --> 00:16:20,043 In fact, we were praised for what we did. 237 00:16:32,923 --> 00:16:34,923 Up until the trial, 238 00:16:34,963 --> 00:16:38,443 the only clear evidence against Bradley Murdoch was a tiny 239 00:16:38,483 --> 00:16:43,643 speck of DNA they identified on the back of the Joanne Lees's T-shirt. 240 00:16:45,323 --> 00:16:47,563 When the trial got under way, 241 00:16:47,603 --> 00:16:50,443 it became clear that the police had more DNA. 242 00:16:52,243 --> 00:16:56,803 And that DNA was provided by a laboratory in the UK. 243 00:16:56,843 --> 00:17:02,203 They revealed that they had found Murdoch's DNA on the kombi's 244 00:17:02,243 --> 00:17:06,403 steering wheel, from the gear stick, and interestingly enough, 245 00:17:06,443 --> 00:17:09,643 from within the manacles that had tied Joanne up. 246 00:17:27,083 --> 00:17:29,963 Prosecutors have now revealed for the first time how 247 00:17:30,003 --> 00:17:33,683 they say science can place Murdoch precisely at the scene. 248 00:17:33,723 --> 00:17:37,763 It's claimed there is only a one in 640 billion chance that 249 00:17:37,803 --> 00:17:40,803 blood on Miss Lees's T-shirt is not Murdoch's. 250 00:17:40,843 --> 00:17:43,803 A similar match also made with a swab from the steering wheel 251 00:17:43,843 --> 00:17:45,883 of the couple's kombi van. 252 00:17:45,923 --> 00:17:48,243 Now, I was floored when I found that out. 253 00:17:48,283 --> 00:17:52,843 That was quite a revelation to me because if that was true, 254 00:17:52,883 --> 00:17:55,803 it would've put him at the scene of the crime. 255 00:18:12,883 --> 00:18:17,323 I think it's fair to say that when the DNA match came up, 256 00:18:17,363 --> 00:18:20,643 it exposed a weakness, I suppose, in the defence's case. 257 00:18:21,963 --> 00:18:24,603 And when you put that sort of information to a jury, 258 00:18:24,643 --> 00:18:28,243 you have to assume that they come down on the side of the prosecution. 259 00:18:28,283 --> 00:18:30,483 Convicted Outback Killer Bradley Murdoch will 260 00:18:30,523 --> 00:18:33,723 spend at least 28 years in prison for the murder of 261 00:18:33,763 --> 00:18:36,243 British backpacker Peter Falconio. 262 00:18:36,283 --> 00:18:40,443 A Darwin judge today jailed Murdoch until 2031, 263 00:18:40,483 --> 00:18:43,163 saying he's shown no remorse for his crime. 264 00:18:55,003 --> 00:18:58,403 Victor and I have been looking at this case for over ten years now. 265 00:18:59,683 --> 00:19:04,923 And Brad's always wanted to know whether, in our view, there was 266 00:19:04,963 --> 00:19:10,443 enough evidence for a retrial based on the ground of fresh evidence. 267 00:19:10,483 --> 00:19:15,683 At trial, the ultimate piece of evidence against Brad was DNA. 268 00:19:17,003 --> 00:19:19,563 I think without the DNA, 269 00:19:19,603 --> 00:19:22,363 the case against Murdoch would've gone nowhere. 270 00:19:26,203 --> 00:19:30,123 In this case, the DNA testing was carried 271 00:19:30,163 --> 00:19:33,563 out by members of the Northern Territory Forensic Science Unit. 272 00:19:35,803 --> 00:19:39,563 At Brad's trial, there were lots of little pieces that came 273 00:19:39,603 --> 00:19:47,003 out about the conduct of the exhibits, particularly the manacles. 274 00:19:54,083 --> 00:20:01,843 I'm a geneticist by training and my area of expertise is DNA, 275 00:20:01,883 --> 00:20:04,203 body secretions and blood groups. 276 00:20:06,043 --> 00:20:13,083 I have appeared in a number of legal cases in which the accused has been 277 00:20:13,123 --> 00:20:17,763 exonerated, the most high-profile one of course is Lindy Chamberlain. 278 00:20:19,963 --> 00:20:24,483 I was the forensic scientist whose work enabled Lindy Chamberlain 279 00:20:24,523 --> 00:20:25,523 to be acquitted. 280 00:20:30,883 --> 00:20:34,443 I became involved in the Peter Falconio case 281 00:20:34,483 --> 00:20:39,403 when I was approached by Legal Aid Northern Territory 282 00:20:39,443 --> 00:20:44,403 to read documents of the laboratory work in the case. 283 00:20:46,563 --> 00:20:51,403 There are two actions that I found worrying. 284 00:20:51,443 --> 00:20:58,483 One is that DNA from Dr Thatcher, the head of the department 285 00:20:58,523 --> 00:21:03,203 looking after forensics, was found to contaminate the manacles. 286 00:21:03,243 --> 00:21:09,203 Once you recognise that the DNA from the manacles had been 287 00:21:09,243 --> 00:21:12,923 contaminated, then, in my opinion, 288 00:21:12,963 --> 00:21:17,323 you couldn't rely on any later results from the manacles. 289 00:21:20,763 --> 00:21:26,843 The second point that worried me was that a senior policewoman took the 290 00:21:26,883 --> 00:21:32,683 manacles into the room with Bradley Murdoch when he was in prison. 291 00:21:36,003 --> 00:21:38,523 The court heard from Superintendent Colleen Gwynne, 292 00:21:38,563 --> 00:21:43,123 who visited Bradley Murdoch while investigating Peter Falconio's disappearance. 293 00:21:43,163 --> 00:21:46,723 She took with her the handcuffs used to restrain Joanne Lees 294 00:21:46,763 --> 00:21:49,963 on which Murdoch's DNA was allegedly found. 295 00:21:50,003 --> 00:21:52,643 Asked by prosecutor Rex Wild QC, why, 296 00:21:52,683 --> 00:21:56,443 Ms Gwynne said she had intended to show them to Murdoch. 297 00:22:00,083 --> 00:22:02,523 Under cross-examination, Grant Algie asked... 298 00:22:05,563 --> 00:22:07,363 That is a complete no-no. 299 00:22:08,603 --> 00:22:15,323 You do not take an exhibit that you are wanting to say was 300 00:22:15,363 --> 00:22:20,283 handled by the accused into the same room as that person. 301 00:22:20,323 --> 00:22:23,923 Once that is done, to me, 302 00:22:23,963 --> 00:22:28,963 any results obtained later should be completely ignored. 303 00:22:29,003 --> 00:22:35,763 Since there's a number of events that could have influenced 304 00:22:35,803 --> 00:22:38,083 the DNA results during the case, 305 00:22:38,123 --> 00:22:42,763 these events could well have influenced the court case. 306 00:22:54,043 --> 00:22:56,723 NEWS REPORT: Peter Falconio's killer has been found. 307 00:22:56,763 --> 00:22:58,323 They're now hoping the suspect, 308 00:22:58,363 --> 00:23:00,683 who's being held in an Adelaide prison, 309 00:23:00,723 --> 00:23:02,723 will lead police to Peter's body. 310 00:23:07,243 --> 00:23:09,163 In November of 2003, 311 00:23:09,203 --> 00:23:12,723 I read an article in the paper 312 00:23:12,763 --> 00:23:17,643 about this gunman being arrested for the murder of Peter Falconio. 313 00:23:17,683 --> 00:23:20,123 His name was Bradley John Murdoch. 314 00:23:20,163 --> 00:23:22,083 His photo was all over the internet, 315 00:23:22,123 --> 00:23:24,803 because, you know, they'd found the man. 316 00:23:24,843 --> 00:23:27,243 The first time I met Bradley Murdoch, 317 00:23:27,283 --> 00:23:29,603 I wasn't sure what to expect, 318 00:23:29,643 --> 00:23:32,523 but I actually spent more than 60 hours with him 319 00:23:32,563 --> 00:23:35,923 over two-and-half years, which is quite a lot of time. 320 00:23:38,243 --> 00:23:39,803 I took her to be a nice person. 321 00:23:39,843 --> 00:23:43,083 OK, she's writing a book and what have you, 322 00:23:43,123 --> 00:23:45,843 but she sort of said to me, 323 00:23:45,883 --> 00:23:50,243 "Well, I've got to ask you this question, Brad, did you do it?" 324 00:23:50,283 --> 00:23:51,603 And I said, "No." 325 00:23:51,643 --> 00:23:53,763 And then I turned around and I said, "Next question." 326 00:23:53,803 --> 00:23:56,083 And she said, "What do you mean, next question?" I said, 327 00:23:56,123 --> 00:23:58,963 "Well, that's what they've been fucking saying to everybody else. 328 00:23:59,003 --> 00:24:01,923 "When he tells you where the body is, let us know." 329 00:24:01,963 --> 00:24:05,123 Brad's an interesting enigma, actually. 330 00:24:05,163 --> 00:24:10,563 He comes across, when he wants to, as a really hard, tough man... 331 00:24:11,763 --> 00:24:16,723 ..and anyone who has crossed him would endorse that. 332 00:24:16,763 --> 00:24:20,523 He was quite a well-known character around Broome. 333 00:24:20,563 --> 00:24:24,363 He used to be a member of the Gypsy Jokers Motorcycle Club. 334 00:24:25,963 --> 00:24:28,443 And he ran drugs up and down the highway. 335 00:24:30,843 --> 00:24:35,083 About once a month, Murdoch did a run from Sedan 336 00:24:35,123 --> 00:24:39,883 in South Australia through the Northern Territory to Broome, 337 00:24:39,923 --> 00:24:43,923 carrying in a big load of hydro, hydroponically grown marijuana. 338 00:24:45,923 --> 00:24:48,443 They'd sometimes call him Brad Eastwood, 339 00:24:48,483 --> 00:24:52,203 because he does have a rifle that he saunters around with 340 00:24:52,243 --> 00:24:53,443 from time to time. 341 00:24:53,483 --> 00:24:55,803 Got him into a bit of trouble a few times. 342 00:24:55,843 --> 00:24:58,963 INTERVIEWER: Some Australians will sit there and watch this and say, 343 00:24:59,003 --> 00:25:00,763 "She loves a killer." 344 00:25:00,803 --> 00:25:05,243 Well, you know, um, that's up to them to make that decision. 345 00:25:05,283 --> 00:25:07,523 Um, you know? They don't know the man. 346 00:25:09,483 --> 00:25:13,483 Murdoch's girlfriend had only good words to say about him. 347 00:25:15,083 --> 00:25:18,323 She said he was kind, he was gentle, 348 00:25:18,363 --> 00:25:20,163 generous, 349 00:25:20,203 --> 00:25:22,963 loved his animals, 350 00:25:23,003 --> 00:25:25,603 he was considerate of her and her kids. 351 00:25:25,643 --> 00:25:28,163 She was a single mum. 352 00:25:28,203 --> 00:25:32,763 All those sort of nice things, really, that you want in a bloke. 353 00:25:34,603 --> 00:25:39,043 So, he had varying reputations depending on, you know, 354 00:25:39,083 --> 00:25:41,803 which circles you're talking about, 355 00:25:41,843 --> 00:25:44,603 but by the time he was arrested 356 00:25:44,643 --> 00:25:46,923 for the murder of Peter Falconio, 357 00:25:46,963 --> 00:25:49,763 alleged murder of Peter Falconio, 358 00:25:49,803 --> 00:25:54,683 um, the media had done a pretty good job on him, to be honest. 359 00:25:56,043 --> 00:26:00,123 And I hold them quite responsible for the way that he was 360 00:26:00,163 --> 00:26:02,283 depicted before the trial. 361 00:26:04,243 --> 00:26:07,723 And then just slightly turn to your right, please. 362 00:26:07,763 --> 00:26:09,243 That's it. 363 00:26:09,283 --> 00:26:11,403 He is a bad man in one way, 364 00:26:11,443 --> 00:26:14,363 but, you know, do I think, all this time later, 365 00:26:14,403 --> 00:26:19,283 Brad Murdoch is innocent or guilty of the murder of Peter Falconio? 366 00:26:19,323 --> 00:26:22,523 That's a hard question... 367 00:26:22,563 --> 00:26:26,683 ..because I don't think he had a fair trial. 368 00:26:35,763 --> 00:26:38,643 When DNA is found on an item, 369 00:26:38,683 --> 00:26:43,083 it doesn't tell us that the DNA got from the person 370 00:26:43,123 --> 00:26:46,763 to the item by the person directly touching it, 371 00:26:46,803 --> 00:26:50,323 or the person ever being anywhere near it, 372 00:26:50,363 --> 00:26:54,163 because their DNA can be transferred without them 373 00:26:54,203 --> 00:26:56,523 actually being involved. 374 00:26:56,563 --> 00:27:03,043 In this case, what the police found was one spot of Brad Murdoch's DNA 375 00:27:03,083 --> 00:27:06,003 on the back of Lees' T-shirt 376 00:27:06,043 --> 00:27:08,483 around about the shoulder blade area. 377 00:27:11,883 --> 00:27:14,643 The thing that has bothered me the most 378 00:27:14,683 --> 00:27:20,803 is why is there so little of Brad Murdoch's DNA on Joanne Lees? 379 00:27:27,603 --> 00:27:30,483 So, we're going to run a little experiment. 380 00:27:30,523 --> 00:27:31,683 We've got two actors. 381 00:27:31,723 --> 00:27:34,003 One's playing the part of Brad Murdoch. 382 00:27:34,043 --> 00:27:36,443 One's playing the part of Joanne Lees. 383 00:27:36,483 --> 00:27:39,403 Are you a True Crime buff? 384 00:27:39,443 --> 00:27:41,123 Do you know this case? 385 00:27:41,163 --> 00:27:42,483 Yeah, yeah. You do? 386 00:27:42,523 --> 00:27:45,123 I've been following it on the TV news. 387 00:27:45,163 --> 00:27:49,843 And we're going to relive Joanne Lees' explanation 388 00:27:49,883 --> 00:27:52,243 of what happened that night 389 00:27:52,283 --> 00:27:56,123 and see how much DNA might be transferred. 390 00:27:57,483 --> 00:28:02,003 And also, we've got Dr Brian McDonald, a DNA expert, here 391 00:28:02,043 --> 00:28:05,643 to effectively supervise the experiment. 392 00:28:05,683 --> 00:28:09,083 He was part of the defence team at trial. 393 00:28:09,123 --> 00:28:13,523 He's considered one of the DNA experts in this country. 394 00:28:13,563 --> 00:28:16,243 We won't shake your hands, you're all gloved up. 395 00:28:16,283 --> 00:28:19,523 All gloved up so I don't transfer my own DNA. 396 00:28:19,563 --> 00:28:21,723 Skin cells from our skin, 397 00:28:21,763 --> 00:28:26,163 one square centimetre of our skin will shed, 398 00:28:26,203 --> 00:28:30,323 on average, 1,000 cells per hour. 399 00:28:30,363 --> 00:28:31,843 It's unbelievable, isn't it? 400 00:28:31,883 --> 00:28:34,523 That's a big number, and so, and we're shedding these 401 00:28:34,563 --> 00:28:37,803 all the time - onto our clothes, onto things that we handled. 402 00:28:37,843 --> 00:28:39,443 Things we're touching. 403 00:28:39,483 --> 00:28:42,563 In our homes, in our vehicles, all that sort of stuff. 404 00:28:44,963 --> 00:28:50,083 In a criminal investigation, if someone's DNA gets transferred 405 00:28:50,123 --> 00:28:53,243 onto an item after it's been seized, 406 00:28:53,283 --> 00:28:56,323 it's classified as contamination. 407 00:28:56,363 --> 00:28:59,523 If it's transferred onto an item 408 00:28:59,563 --> 00:29:02,763 before the crime was ever committed, 409 00:29:02,803 --> 00:29:05,203 then it's irrelevant. 410 00:29:05,243 --> 00:29:11,323 So, the only DNA that becomes relevant for, you know, 411 00:29:11,363 --> 00:29:15,843 the purposes of deciding whether someone's guilty or innocent, 412 00:29:15,883 --> 00:29:20,043 is DNA that's transferred during the commission of a crime. 413 00:29:21,403 --> 00:29:22,763 It would be expected 414 00:29:22,803 --> 00:29:26,163 to be found on the items handled by the perpetrator. 415 00:29:28,283 --> 00:29:33,363 OK, DNA, if it's not in blood, for example, is invisible. 416 00:29:33,403 --> 00:29:36,443 So, this is, for simulation purpose, 417 00:29:36,483 --> 00:29:39,123 is to look at the transfer, 418 00:29:39,163 --> 00:29:41,043 OK, which can occur, 419 00:29:41,083 --> 00:29:46,523 which you're not conscious of or being able to see upfront. 420 00:29:48,523 --> 00:29:50,163 Put your right hand in... 421 00:29:50,203 --> 00:29:54,003 Once the transfer has occurred, turn on the UV light 422 00:29:54,043 --> 00:29:57,843 and we can see where this has gone 423 00:29:57,883 --> 00:30:02,363 in much the same way that DNA might be transferred. 424 00:30:09,403 --> 00:30:11,003 What occurred next? 425 00:30:11,043 --> 00:30:12,803 OK. He opens the door... 426 00:30:12,843 --> 00:30:14,843 OK. ..which was already open. OK. 427 00:30:14,883 --> 00:30:17,243 The attacker opens the kombi door... 428 00:30:19,323 --> 00:30:22,243 ..and he tells Joanne to turn off the ignition. 429 00:30:22,283 --> 00:30:25,683 I go to turn the engine off, but I don't know whether I do or he does. 430 00:30:25,723 --> 00:30:29,043 But I know he touches my hand at some point. 431 00:30:29,083 --> 00:30:31,003 Their hands touch. 432 00:30:34,523 --> 00:30:38,003 He is pushing me and he is putting his knees on here. 433 00:30:38,043 --> 00:30:41,643 With the gun still in his right hand, the attacker 434 00:30:41,683 --> 00:30:46,603 moves into the kombi, pushing Joanne towards the passenger door. 435 00:30:46,643 --> 00:30:50,443 He says, "Put your head down and your hands behind your back." 436 00:30:50,483 --> 00:30:52,123 He's closer to me. 437 00:30:52,163 --> 00:30:57,083 And then the attacker ties Joanne's hands with the manacles. 438 00:31:04,323 --> 00:31:07,803 The attacker then pushes Joanne out of the passenger door. 439 00:31:11,323 --> 00:31:14,963 And Joanne finds herself lying face down on the ground. 440 00:31:21,843 --> 00:31:23,843 He gets my ankles. 441 00:31:26,003 --> 00:31:28,683 He is wrapping tape around my ankles. 442 00:31:32,203 --> 00:31:35,963 The next thing I recall is being on my feet. 443 00:31:40,683 --> 00:31:43,043 He is wrapping tape around my mouth. 444 00:31:43,083 --> 00:31:48,923 I'm moving my head all around and it goes around my neck. 445 00:31:53,923 --> 00:31:56,323 The attacker pushes Joanne from behind 446 00:31:56,363 --> 00:31:58,883 to walk her to the passenger side of the ute. 447 00:31:58,923 --> 00:32:01,363 I'm not sure what happens next, but he's pushing me 448 00:32:01,403 --> 00:32:04,163 and pulling me to get through. 449 00:32:05,363 --> 00:32:10,163 The attacker pushes her through the gap between the seats into the back. 450 00:32:12,643 --> 00:32:16,483 A little while later, Joanne escapes out the back of his ute 451 00:32:16,523 --> 00:32:19,163 and that is pretty well the description of it. 452 00:32:26,563 --> 00:32:28,043 OK. 453 00:32:29,523 --> 00:32:31,123 Oh, there you go. 454 00:32:31,163 --> 00:32:34,843 Here we go. Wow, look at that. It's on her shoulder, on the sleeve. 455 00:32:34,883 --> 00:32:36,363 On her hands. 456 00:32:36,403 --> 00:32:40,643 On her hands, on her wrists, arms, but look on the ankles, 457 00:32:40,683 --> 00:32:42,563 on the tape on the ankles? 458 00:32:42,603 --> 00:32:46,163 All the spots where there's been real action, 459 00:32:46,203 --> 00:32:49,483 like, putting the... The cable tie cuffs on, yeah. 460 00:32:49,523 --> 00:32:52,283 It's on her shorts and it's on her legs. 461 00:32:52,323 --> 00:32:54,163 It's everywhere. 462 00:32:54,203 --> 00:32:58,883 So, what we've got on the fabric is varieties of intensity. 463 00:32:58,923 --> 00:33:02,403 Bright areas on there would suggest that there's more DNA 464 00:33:02,443 --> 00:33:04,923 on some areas than on others. 465 00:33:04,963 --> 00:33:08,683 All the bits of tape which were handled by the male actor 466 00:33:08,723 --> 00:33:12,283 have clear evidence of fluorescence on them. Yeah. 467 00:33:12,323 --> 00:33:16,123 What we can see is, you know, the handling on these items 468 00:33:16,163 --> 00:33:21,043 will clearly transfer fluorescent material and, as a consequence, 469 00:33:21,083 --> 00:33:23,043 would potentially transfer... 470 00:33:23,083 --> 00:33:24,523 DNA. ..DNA. 471 00:33:27,323 --> 00:33:30,483 Joanne Lees never mentioned her attacker was wearing gloves, 472 00:33:30,523 --> 00:33:33,603 so if there'd been all the struggling and wrestling 473 00:33:33,643 --> 00:33:36,443 that Lees gives evidence about, 474 00:33:36,483 --> 00:33:42,123 wouldn't you expect there to be more of her assailant's DNA on her 475 00:33:42,163 --> 00:33:45,203 than one spot on the back of the T-shirt? 476 00:33:56,803 --> 00:34:00,403 Looking at the police file, we know that Lees and Falconio 477 00:34:00,443 --> 00:34:03,763 were in Alice Springs on the day of the incident, 478 00:34:03,803 --> 00:34:05,323 running a few errands. 479 00:34:07,323 --> 00:34:09,323 Looking at Brad's evidence 480 00:34:09,363 --> 00:34:12,963 we also know he was in Alice Springs on one of his drug runs. 481 00:34:14,363 --> 00:34:16,123 So, the question is, 482 00:34:16,163 --> 00:34:19,563 was there any opportunity for there to be a cross-contamination? 483 00:34:21,563 --> 00:34:26,643 Lees and Falconio start off early at the Green Frog Cafe. 484 00:34:26,683 --> 00:34:29,803 Well, they parked their car there and then they go 485 00:34:29,843 --> 00:34:34,403 and see the accountant, and Joanne Lees goes and does some shopping. 486 00:34:34,443 --> 00:34:36,963 Then they have brekkie at the Green Frog. 487 00:34:37,003 --> 00:34:38,123 We know all of these, 488 00:34:38,163 --> 00:34:43,323 because these are the timeline that Joanne's provided to the coppers. 489 00:34:45,323 --> 00:34:47,523 We know from the police reports that Lees 490 00:34:47,563 --> 00:34:51,763 and Falconio visited Red Rooster between 1 and 1.30. 491 00:34:53,243 --> 00:34:57,643 Joanne says she ate nothing, but Peter had something to eat. 492 00:34:58,963 --> 00:35:02,723 Murdoch said he went to Red Rooster around 10.30 in the morning 493 00:35:02,763 --> 00:35:06,723 and bought some chicken nuggets for his dog, the Dalmatian Jack. 494 00:35:10,003 --> 00:35:12,203 Let me give you a hypothesis. 495 00:35:12,243 --> 00:35:16,403 He goes into Red Rooster. He has got a weeping wound. 496 00:35:20,843 --> 00:35:23,643 You know when you grab the back of a chair? 497 00:35:23,683 --> 00:35:26,603 A bit goes on the back of the chair. 498 00:35:32,603 --> 00:35:36,243 If she went and sat on the same chair that Murdoch had touched... 499 00:35:39,603 --> 00:35:43,323 ..all of a sudden she gets the one spot on the back of her top. 500 00:35:43,363 --> 00:35:47,043 It certainly is not beyond the realms of possibility 501 00:35:47,083 --> 00:35:49,763 that this is how Brad's DNA got on the back of her shirt. 502 00:36:09,563 --> 00:36:12,243 If there hadn't been the DNA evidence in this case, you 503 00:36:12,283 --> 00:36:15,923 have to ask yourself, would Bradley Murdoch have been convicted? 504 00:36:15,963 --> 00:36:18,923 Because a lot of the evidence was circumstantial. 505 00:36:18,963 --> 00:36:21,323 The only real evidence was the DNA. 506 00:36:22,443 --> 00:36:25,603 Dr Jonathan Whitaker is a British expert on DNA. 507 00:36:25,643 --> 00:36:29,163 Today, he told a Darwin court of discovering the DNA of the 508 00:36:29,203 --> 00:36:34,243 accused, Bradley Murdoch, on cable ties used to restrain Joanne Lees. 509 00:36:34,283 --> 00:36:38,083 Swabs from the gear stick from the couple's Kombi van were also tested. 510 00:36:38,123 --> 00:36:42,403 On those samples, Dr Whitaker told the court it was 19,000 times 511 00:36:42,443 --> 00:36:45,523 more likely to be Bradley Murdoch's than anyone else's. 512 00:36:47,003 --> 00:36:50,603 Certainly, the jury must've concluded that there was 513 00:36:50,643 --> 00:36:53,363 a strong possibility that Murdoch was at the scene of the crime 514 00:36:53,403 --> 00:36:55,763 after they'd heard this DNA evidence, you know. 515 00:36:55,803 --> 00:36:57,123 It was pretty compelling. 516 00:37:01,203 --> 00:37:07,563 18 years on, I am very keen to find out whether the DNA evidence 517 00:37:07,603 --> 00:37:12,083 was as strong as the prosecution made out. 518 00:37:12,123 --> 00:37:16,163 Dr Brian McDonald was originally asked to give an opinion 519 00:37:16,203 --> 00:37:17,763 about this case by the defence. 520 00:37:19,403 --> 00:37:23,723 I've been in the DNA business for nearly 30 years now. 521 00:37:23,763 --> 00:37:27,883 The numbers of cases that I've done, which now amounts to, you know, 522 00:37:27,923 --> 00:37:33,523 approaching 1,000, would involve sexual assaults, drug matters. 523 00:37:33,563 --> 00:37:36,563 Murders often rely very heavily on DNA. 524 00:37:38,083 --> 00:37:42,683 When I started looking at the DNA evidence in this case, it 525 00:37:42,723 --> 00:37:48,323 became very obvious that there was very little clear evidence at all. 526 00:37:50,363 --> 00:37:53,723 We'd like to have sort of to start with get a bit of your 527 00:37:53,763 --> 00:38:00,323 general view of the strength of the DNA evidence against Murdoch. 528 00:38:00,363 --> 00:38:06,363 OK, so what was presented in court were DNA profiles from four 529 00:38:06,403 --> 00:38:14,203 samples - the stain from the back of Ms Lees' T-shirt, a swab from 530 00:38:14,243 --> 00:38:18,403 the gear stick of the Kombi, a swab from the steering wheel of 531 00:38:18,443 --> 00:38:25,643 the Kombi, and a sample from the manacles that were put 532 00:38:25,683 --> 00:38:28,403 together for the purposes of handcuffs. 533 00:38:29,683 --> 00:38:35,483 The DNA profiles in those samples was dramatically different. 534 00:38:35,523 --> 00:38:39,443 The first sample that was tested and identified 535 00:38:39,483 --> 00:38:42,483 Bradley Murdoch's DNA was the T-shirt sample. 536 00:38:42,523 --> 00:38:47,283 And she had been wearing this T-shirt for some time, hadn't she? 537 00:38:47,323 --> 00:38:49,443 That's my understanding, yes, yes. 538 00:38:49,483 --> 00:38:53,203 There's a number of different samples taken from it. 539 00:38:53,243 --> 00:38:57,083 The only one that I can see any real evidence of Bradley Murdoch 540 00:38:57,123 --> 00:39:01,883 is just this one spot on the back-shoulder area. 541 00:39:01,923 --> 00:39:06,523 It was a full single profile matching Bradley Murdoch. 542 00:39:07,883 --> 00:39:11,763 The likelihood that it is him is very, very high. 543 00:39:11,803 --> 00:39:16,283 The likelihood that it is someone else is very, very low. 544 00:39:16,323 --> 00:39:19,043 But it does not tell us how it got there. 545 00:39:19,083 --> 00:39:22,443 It certainly does not tell us that there was direct contact 546 00:39:22,483 --> 00:39:24,683 between Mr Murdoch and this T-shirt. 547 00:39:25,723 --> 00:39:30,363 All the other samples - the steering wheel and the gear lever, 548 00:39:30,403 --> 00:39:35,803 the manacles - are complex low-level mixtures. 549 00:39:35,843 --> 00:39:39,003 And when you say complex, does that mean there's more than one 550 00:39:39,043 --> 00:39:42,003 DNA profile in what they were finding? That's right. 551 00:39:42,043 --> 00:39:48,363 So a complex mixture is one with very small amounts of DNA and 552 00:39:48,403 --> 00:39:52,083 multiple individuals contributing to them. 553 00:39:52,123 --> 00:39:56,723 The chance of identifying someone clearly is very, very small. 554 00:39:56,763 --> 00:40:00,523 The types of mixtures that were present in the Kombi van 555 00:40:00,563 --> 00:40:04,243 would probably not exclude a large proportion of the population. 556 00:40:07,883 --> 00:40:15,683 Brian's told us that the DNA found in the Kombi is so weak that 557 00:40:15,723 --> 00:40:19,523 it's difficult to attribute to any one person. 558 00:40:19,563 --> 00:40:24,043 I wonder if the DNA in the Kombi being described as a match 559 00:40:24,083 --> 00:40:28,603 with Murdoch could have meant the jury thought it was definitely his? 560 00:40:28,643 --> 00:40:34,923 This evidence should never be reported as that person's DNA. 561 00:40:34,963 --> 00:40:36,723 Being Bradley Murdoch's DNA? Yeah. 562 00:40:38,363 --> 00:40:43,243 Describing the evidence as containing Mr Murdoch's DNA 563 00:40:43,283 --> 00:40:45,203 I think is misleading. 564 00:40:47,603 --> 00:40:52,043 And I certainly wouldn't conclude that Mr Murdoch's DNA was present. 565 00:40:59,883 --> 00:41:04,523 Most lawyers will deny this, but the presentation of a criminal trial 566 00:41:04,563 --> 00:41:06,803 is essentially telling a story. 567 00:41:08,763 --> 00:41:13,283 It's a scenario based on the evidence laid out by the prosecution 568 00:41:13,323 --> 00:41:18,043 to the jury, and it's up to the jury then to look at 569 00:41:18,083 --> 00:41:25,003 the story and decide whether, on the evidence, that story has been 570 00:41:25,043 --> 00:41:27,363 proven beyond all reasonable doubt. 571 00:41:29,203 --> 00:41:36,003 The story here is the gruesome tale of a bad man in cold blood, 572 00:41:36,043 --> 00:41:41,603 shooting a young man, and then trying to kidnap his girlfriend. 573 00:41:43,123 --> 00:41:48,243 The prosecution claimed at trial that, beyond all reasonable doubt, 574 00:41:48,283 --> 00:41:50,723 Brad Murdoch was the killer. 575 00:41:51,963 --> 00:41:56,243 However, the more we have delved into this case, the more 576 00:41:56,283 --> 00:42:01,083 obvious it has become to us this case is riddled with doubt. 577 00:42:02,763 --> 00:42:06,603 During the trial, the Crown presented Joanne Lees as 578 00:42:06,643 --> 00:42:07,763 a witness of truth. 579 00:42:10,603 --> 00:42:14,683 But we now know that even the police doubted her story. 580 00:42:24,603 --> 00:42:29,643 Also, there was a lot of controversy about the way Joanne Lees 581 00:42:29,683 --> 00:42:32,083 went about identifying Murdoch. 582 00:42:32,123 --> 00:42:33,523 I think it's number ten. 583 00:42:38,363 --> 00:42:41,803 Then there's the so-called crime scene. 584 00:42:41,843 --> 00:42:48,443 There is no shell casing, no blood spatter, brain matter, drag marks - 585 00:42:48,483 --> 00:42:50,963 absolutely no evidence of a murder. 586 00:42:52,203 --> 00:42:55,163 And, more importantly, there's no body. 587 00:42:59,843 --> 00:43:02,043 And there are other holes. 588 00:43:03,843 --> 00:43:09,763 The analysis of the CCTV footage taken at the truck stop that 589 00:43:09,803 --> 00:43:14,563 is said to be Murdoch today may not stand up to scrutiny. 590 00:43:18,043 --> 00:43:22,643 And the account given by the truck driver who picked up 591 00:43:22,683 --> 00:43:28,203 Joanne Lees could put a number of other people in the frame. 592 00:43:29,883 --> 00:43:35,323 Knowing what we know today, my very firm view is that 593 00:43:35,363 --> 00:43:39,763 Bradley John Murdoch would have been found not guilty. 594 00:43:48,363 --> 00:43:54,083 I don't think he did it because he's not stupid. 595 00:43:54,123 --> 00:43:58,163 You've got a big load of drugs on, you don't go mucking around 596 00:43:58,203 --> 00:44:02,763 up the highway, shooting people and kidnapping women - 597 00:44:02,803 --> 00:44:04,003 it just doesn't fit. 598 00:44:09,723 --> 00:44:12,643 In a circumstantial case, we never know whether the person 599 00:44:12,683 --> 00:44:15,083 did it or not - hardly ever. 600 00:44:15,123 --> 00:44:17,803 But I think it's quite a strong case against Murdoch. 601 00:44:19,883 --> 00:44:23,323 It's one thing to have his DNA on her shirt, but then what are 602 00:44:23,363 --> 00:44:27,523 the chances the person who's matched that DNA has a gun, has 603 00:44:27,563 --> 00:44:31,323 a dog, has a similar car, similar to the person in the truck stop video? 604 00:44:34,963 --> 00:44:40,163 I was pleased that they found Murdoch guilty because, 605 00:44:40,203 --> 00:44:43,723 particularly because, that gave some closure to the Falconio 606 00:44:43,763 --> 00:44:48,043 family, it did give some closure to Joanne Lees, and it also gave 607 00:44:48,083 --> 00:44:50,723 closure for the police, which was really important. 608 00:44:52,683 --> 00:44:58,003 I do not believe that Bradley Murdoch should have been convicted. 609 00:44:59,203 --> 00:45:05,803 In my experience, juries do not really understand DNA evidence 610 00:45:05,843 --> 00:45:09,443 and, if DNA is led, 611 00:45:09,483 --> 00:45:14,683 the jury simply equate the presence of DNA with guilt. 612 00:45:19,803 --> 00:45:23,043 I'm absolutely convinced the police got the right person. 613 00:45:23,083 --> 00:45:27,443 My only slight doubt is did Bradley Murdoch have an accomplice? 614 00:45:27,483 --> 00:45:32,563 Was there somebody else on the road who helped him get rid of the body? 615 00:45:35,443 --> 00:45:39,723 I do believe that Bradley Murdoch killed Peter Falconio and 616 00:45:39,763 --> 00:45:41,763 I do believe Joanne Lees' account. 617 00:45:41,803 --> 00:45:46,243 I don't think there is anything unjust with Murdoch's conviction. 618 00:45:47,643 --> 00:45:50,203 Sometimes, I still question the way they got there. 619 00:45:53,563 --> 00:45:55,203 I don't think anybody killed him. 620 00:45:55,243 --> 00:45:57,563 Well, I know for a fact he's still alive, unless something 621 00:45:57,603 --> 00:46:02,443 happened to him after the day he walked out the shop but, 622 00:46:02,483 --> 00:46:05,363 yeah, he's still alive and kicking somewhere. 623 00:46:05,403 --> 00:46:07,803 There's only one thing that can really unravel the mystery - 624 00:46:07,843 --> 00:46:10,763 that is, if you find the body of Peter Falconio. 625 00:46:10,803 --> 00:46:14,163 And if you find the body of Peter Falconio, then you can almost 626 00:46:14,203 --> 00:46:18,883 be certain how he died and possibly who killed him. 627 00:46:20,883 --> 00:46:22,723 I hope we do find Peter Falconio. 628 00:46:25,243 --> 00:46:27,883 But there's only one person who knows where Peter's buried, 629 00:46:27,923 --> 00:46:28,923 and that's Murdoch. 630 00:46:30,083 --> 00:46:34,763 Has he got anything in him to stand up and say where it is? I hope so. 631 00:46:36,763 --> 00:46:37,763 I hope so. 632 00:46:57,203 --> 00:47:00,763 Subtitles by Red Bee Media 65941

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