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Questions raised over Lees' handcuffs

Friday Oct 28 15:58 AEST

New questions have been raised about the reliability of forensic evidence from homemade handcuffs allegedly used to restrain British tourist Joanne Lees.

DNA found within layers of tape on the cable-tie restraints allegedly matches that of Bradley John Murdoch, the man accused of killing Ms Lees' boyfriend Peter Falconio in July 2001, the Northern Territory Supreme Court has heard.

Murdoch, 47, has pleaded not guilty to murdering Mr. Falconio, and not guilty to assaulting Ms Lees and depriving her of her liberty beside the outback Stuart Highway four years ago.

The court was told on Friday there was no apparent record in a police logbook of who had accessed the restraints after October 2002 - 18 months before a section of the handcuffs was sent overseas for further DNA testing.

Crime scene officer Tim Sandry was quizzed on the police handling of the homemade restraints.

Under cross examination, Senior Constable Sandry described the cable-tie restraints as "an important piece of evidence" in police investigations.

However, he conceded a log book from the NT police forensic biology section may not have recorded every time he or another person worked on them.

The log book did not show he examined the restraints in the weeks after the alleged 2001 attack, because he did not remove them from the biological area where they were held, he said.

The log book also recorded he had examined the handcuffs for two days in February 2002, when he did not actually work on them, the court heard.

"So you or other people may have had dealings with, or worked with the cable ties and it's not in the log?," defence lawyer Grant Algie asked.

"That's correct," Snr Const Sandry replied.

Snr Const Sandry also agreed there were not any entries about who had accessed the cable ties after October 2002.

On Thursday the police officer told the court he took the restraints to Adelaide for a week as part of police investigations in October 2002.

The court was told the restraints may have been shown to Murdoch by police Superintendent Colleen Gwynne during the South Australian trip.

"Is the reason there appears to be no entry in relation to the cable ties after 8 October 2002 because from a forensic science point of view the cable ties were no longer reliable as evidence having been released to Supt Gwynne?," Mr. Algie asked.

Chief Justice Brian Martin then intervened, saying: "I won't allow that question".

"It's a very good point for you to make to the jury but it's not something this witness can answer," Justice Martin said.

"If your honour pleases," Mr. Algie replied.

"You have made your point by your question," Justice Martin said.

Mr. Falconio was allegedly shot after he and Ms Lees were pulled over by a motorist as they headed north near Barrow Creek on the night of July 14, 2001.

The court was told the gunman bound Ms Lees with the cable-tie handcuffs, but she managed to escape.

The trial continues on Monday.