Barrow Creek
Is a very small town, current population of 11, in the southern Northern Territory of Australia. It is located on the Stuart Highway, about 280 km north of Alice Springs, about half way from there to Tennant Creek. The main feature of the town is the roadhouse/hotel. A number of mining companies are currently exploring in the area, although none of the current residents are involved in the mining industry.
History
Indigenous people
The Barrow Creek area is the traditional home of the Kaytetye Aboriginal people. Humans have lived in Australia, and perhaps this area, for at least 40,000 years.
European settlement
With the arrival of Europeans in the latter part of the 19th century, settlers competed with the Kaytetye for land and resources. Cultural misunderstandings resulted in violence and settlers murdered the Aborigines. John McDouall Stuart passed through the area in 1860. He named a creek near the current town after John Henry Barrow, a preacher, journalist and politician who was born in England in 1817 and migrated to South Australia in 1853. At the time of first European habitation of the site, he was Treasurer of South Australia.
Barrow Creek Telegraph Repeater Station
Barrow Creek was chosen as a site for an Overland Telegraph morse repeater station by John Ross in September 1871. The station was officially opened on 16 August 1872 by Charles Todd. It was one of 15 such repeater stations on a network traversing Australia and linking to Europe, providing essential communication services. The Telegraph Station has been preserved and is now a monument to the troubles which beset the early days of the Territory.
Arrival of graziers in the area
In 1873, 5,000 sheep were overlanded from Adelaide by Alfred Giles for distribution to Telegraph Stations along the line. During 1877 and 1878 Alfred Giles and Arthur Giles overlanded stock for Dr W.J. Browne to the Katherine River. On the 1878 journey Frank Withall, a young Englishman, was included on the suggestion of Browne to gather some colonial experience. Alfred Giles later started Springvale, Delamere and the Newcastle Waters runs.
World War II
During World War II Barrow Creek was used by the Australian Army as a staging camp for convoys of troops and supplies, which was known as No. 5 Australian Personnel Staging Camp. It was the first overnight stop on the northern trip from Alice Springs to Birdum.
Water limits Barrow Creek population
Barrow Creek has always had a problem with both quantity and quality of groundwater supplies. This problem was already recognized in the 1870s, and only 20 years after the Telegraph Station was built there is evidence of plans to shift it about 40 kilometres further north to the crossing at Taylor Creek because of better groundwater supplies. There is still a bore at that locality called New Barrow Bore. Today, the only good water at Barrow Creek is rainwater and that is limited due to the arid climate.
Crime
1870 killing
During 1870 some 3,000 sheep from the Lake Hope area in South Australia were overlanded to the Northern Territory, for the men working on the line at Roper River, by Ralph and John Milner. NearWauchope Creek they lost 900 sheep which had eaten poisonous herbage. John Milner was killed by the Aborigines and Ralph arrived at the Roper River with only 1,000 sheep.
1874 Skull Creek massacre
In February 1874 Mounted Constable Samuel Gason arrived at Barrow Creek and a police station was also opened. Eight days later a group of Kaytetye men attacked the station resulting in the death of two white men, Stapleton and Frank, and the wounding of Ernest Flint. Some believe the attack was retaliation for the white men’s treatment of Kaytetye women. Others say it occurred because the white men had fenced off a major waterhole and refused the Kaytetye access to water and rations during a time of drought. It is probable that both these issues were grievances for the Kaytetye.
On 22 February Gason cabled to Adelaide:
This Station has been attacked by natives at 8. Stapleton has been mortally wounded, one of the men, named John Franks, just died from wounds. Civilised Native Boy has had three spear wounds. Mr Flint, assistant operator one spear wound in leg, not serious. Full particulars in morning.
Samuel Gason later mounted a large police hunt against the Aborigines resulting in the slaughter of up to ninety men, women and children, some fifty miles south of where the white men had been killed. No prisoners were taken. The area where they were slaughtered was later called Skull Creek for the number of bleaching native skulls left there. According to Alex Ross, who had been a member of Ernest Giles 1875–76 expedition in Central Australia, as interviewed by the anthropologist Ted Strehlow in 1932:
As for Skull Crk.,-well of course nobody ever knew if any one who was shot there had ever had any hand in the attack on BC. They were just blacks sitting in their camp, and the party was looking around for blacks to shoot. Quite possibly some guilty ones were among them.
1928 Coniston Massacre
The Coniston massacre, which took place from August 14 to October 18, 1928 near the Coniston cattle station, Northern Territory, Australia, was the last known massacre of Indigenous Australians. People of the Warlpiri, Anmatyerre and Kaytetye groups were killed. The massacre occurred in revenge for the death of dingo hunter, Frederick Brooks, supposedly killed by Aborigines in August 1928 at a place now known as Yukurru, (also Brooks Soak). Official records at the time stated that 31 people were killed. The then owner of Coniston station, Randall Stafford, was a member of the punitive party for the first few days and estimated that at least twice that number were killed between August 14 and September 1. Historians estimate that at least 60 and as many as 110 Aboriginal men, women and children were killed. The Warlpiri, Anmatyerre and Kaytetye believe that up to 170 died between August 14 and October 18.
Background
For administrative reasons, from 1927 until it was reversed in 1931, the Federal Government divided the Northern Territory into North (population 4000 “whites”) and Central Australia (population 500). By July 1928, Central Australia was in its fourth year of a particularly severe drought with fewer than 25 millimetres (0.98 in) of rain falling in the previous seven months. Overgrazing by stock had literally denuded the country of its vegetation, leaving little feed for wildlife. Waterholes were drying up and even the most experienced Aborigines were finding game and water almost unobtainable. Almost all the permanent waterholes and soaks were on station properties and as Aborigines began to die from thirst and hunger they moved to the stations for the water where they became an “aggravation” by begging for food and spearing cattle. The pastoralists were forced to chase the Aborigines away to ensure the survival of their cattle. Sixty-seven year old Fred Brooks had worked as a station hand on Randall Stafford’s Coniston station, 240 mi (390 km) N/W of Alice Springs, since the end of World War I but due to the drought had not been paid for some time. In July he bought two camels and on August 2, left with two 12 year-old aboriginal boys, Skipper and Dodger, to trap dingos for the 10 shilling bounty ($33:50 2009) on their scalps. Approaching a soak 14 mi (23 km) from the homestead, he found around 30 Ngalia-Warlpiri camped. Brooks knew some and decided to camp with them. The first two days were uneventful and Brooks caught several dingos. On August 4, Charlton Young and a companion who were exploring the area for a mining company, stopped by and warned Brooks that the Aborigines had been getting “cheeky” lately by visiting the mining camps heavily armed, demanding food and tobacco. Brooks had been approached several times to trade but had so far refused.
On August 6, Bullfrog with his wife Marungali asked him to trade and Brooks offered some food in exchange for Marungali washing his clothes. Bullfrog camped nearby but Brooks neither paid him the promised food nor did he return his wife. In the morning Bullfrog became enraged when he found his wife in bed with Brooks and attacked him, severing an artery in his throat with his boomerang. Bullfrog, his uncle Padirrka and Marungali then beat Brooks to death. Aboriginal elders fearfully banished Bullfrog and Padirrka and ordered Brooks’ two boys to return to the homestead and say that he had died of natural causes.[notes 1] The following day an Aborigine named Alex Wilson camped at the now deserted soak and finding the body rode back to the station, where he described hysterically how Brooks had been “chopped up” (the body was intact) by 40 Aborigines and the parts stuffed in a rabbit burrow. Randall Stafford had been in Alice Springs requesting police to attend to prevent the spearing of his cattle. He returned to be told of the murder and “dismemberment” of Brooks but chose to wait for the police. No one returned to the soak and no one attempted to retrieve the body. On August 11, the Government Resident J.C. Cawood sent Constable William Murray, the officer in charge at Barrow Creek who also held the post of Chief Protector of Aborigines,[notes 2] to Coniston to investigate the complaints of cattle spearing. Told of the murder, Murray drove back to Alice Springs and telephoned Cawood who refused to send reinforcements, telling Murray to deal with the Aborigines as he saw fit. Returning to Coniston, Murray questioned Dodger and Skipper who described the circumstances of the murder and named Bullfrog, Padirrka and Marungali as the killers. According to his own report, Murray also obtained the names of 20 accomplices (he never recorded the names, or explained how his informants, who were not eye-witnesses, knew them; nor were these inconsistencies ever questioned at later proceedings). Murray organised a posse consisting of tracker Paddy, Alex Wilson, Dodger, tracker Major (elder brother of Brooks boy Skipper), Randall Stafford and two white itinerants Jack Saxby and Billie Brisco.
The massacre
Brooks was killed on or about 7 August 1928, and his body was partly buried in a rabbit hole in the Northern Territory. No eyewitnesses to the actual murder were ever identified, and there are conflicting accounts of the discovery of the body and subsequent events. On August 12, dingo trapper Bruce Chapman arrived at Coniston and Murray sent Chapman, Paddy and Alex Wilson to the soak to find out what happened. The three buried Brooks on the bank of the soak. In the afternoon two Warlpiri, Padygar and Woolingar arrived at Coniston to trade dingo scalps. Believing them to be involved with the murder Paddy arrested them but Woolingar slipped his chains and attempted to escape. Murray fired at Woolingar and he fell with a bullet wound to the head. Stafford then kicked him in the chest breaking a rib. Woolingaar was then chained to a tree for the next 18 hours. The next morning the posse, with Padygar and Woolingar following on foot in chains, set out for the Lander River where they found a camp of 23 Warlpiri at Ngundaru. With the posse encircling the camp, Murray rode in and was surrounded by Aborigines yelling, Brisco started shooting with Saxby and Murray joining in. Three men and a woman, Bullfrog’s wife Marungali, were killed with another woman dying from her wounds an hour later, a search of the camp turned up articles belonging to Brooks. Stafford was furious with Murray over the shooting and the next morning returned to Coniston alone.
During the night Murray captured three young boys who had been sent by their tribe to find what the police party was doing. Murray had the boys beaten to force them to lead the party to the rest of the Warlpiri but had they done so, they would have been punished by their tribe. To resolve the dilemma, the three boys smashed their own feet with rocks. Despite the injuries Murray forced the now crippled boys to lead the party. By nightfall they reached Cockatoo Creek where they sighted four Aborigines on a ridge. Paddy and Murray captured two but one ran with Murray firing several shots at him which missed, Paddy then knelt and fired a single shot hitting the fleeing man in the back and killing him instantly. After questioning the other three and finding they had no connection with the murder Murray released them. The next two days saw no contact with Aborigines at all as word had spread with many Aborigines heading into the desert, preferring to risk dying of thirst, rather than face the police patrol. Returning to Coniston, Murray left Padygar, Woolingar and one of the three boys, 11 year-old Lolorrbra (known as Lala, he became a chief witness at the enquiry), whose crushed feet had become infected, in Stafford’s custody before heading north to continue the search. Following tracks, the patrol came upon a camp of 20 Warlpiri, mostly women and children. Approaching the camp Murray ordered the men to drop their weapons, not understanding English the women and children fled while the men stood their ground to protect them. The patrol opened fire killing three men; three injured died later of their wounds and an unknown number of wounded escaped. By Murray’s account, he met four separate groups of Warlpiri, and in each case was obliged to shoot in self-defense – a total of 17 casualties. He later testified under oath that each one of the dead was a murderer of Brooks. The Warlpiri themselves estimated between 60 and 70 people had been killed by the patrol.
On august 24, Murray captured an Aborigine named Arkirkra and returned to Coniston where he collected Padygar (Woolingar had died that night still chained to the tree) and then marched the two 240 mi (390 km) to Alice Springs. Arriving on September 1, Arkirkra and Padygar were charged with the murder of Brooks while Murray was hailed as a hero. On September 3, Murray set off for Pine Hill station to investigate complaints of cattle spearing. Nothing has been recorded about this patrol, but he returned on September 13 with two prisoners. On September 16, Henry Tilmouth of Napperby station shot and killed an Aborigine he was chasing away from the homestead, this incident was included in the later enquiry. On the 19th, Murray again departed, this time under orders to investigate a non-fatal attack on the person of a settler, William Nuggett Morton, at Broadmeadows Station by what Morton described as a group of 15 Myall Warlpiri who were also in the same area. Morton, a former circus wrestler, had a reputation for his sexual exploitation of Aboriginal women and violence against both his white employees and Aborigines. On August 27, he left his camp to punish Aborigines for spearing his cattle. At Boomerang waterhole he found a large Warlpiri camp, what happened here is unknown but the Warlpiri decided to kill Morton. During the night they surrounded his camp and at dawn 15 men armed with boomerangs and yam sticks rushed Morton. His dogs attacked the Aborigines and after breaking free Morton shot one and the rest fled. Morton returned to his main camp and was taken to the Ti Tree Well mission where a nurse removed 17 splinters from his head and treated him for a serious skull fracture.
From the station, on September 24, a party consisting of Murray, Morton and half-castes Alex Wilson and Jack Cusack, embarked on a series of encounters (three incidents were later described by Murray in which 14 more aborigines were killed, but it is likely there were more). At Tomahawk waterhole four were killed, while at Circle Well one was shot dead and Murray killed another with an axe. They then moved east to the Hanson River where another eight were shot. Morton identified all of them as his attackers. The party now returned to Broadmeadows to replenish their supplies before travelling north. No records of this patrol were kept. According to the Warlpiri, this patrol encountered Aborigines at Dingo Hole where they killed four men and 11 women and children. The Warlpiri also recount how the patrol charged a corroboree at Tippinba, rounding up a large number of Aborigines like cattle before cutting out the women and children and shooting all the men. There is anecdotal evidence that there were up to 100 killed in total at the five sites. Constable Murray was back in Alice Springs on October 18 where he was asked to write an official report on the police actions. The report was only several lines long, he wrote: “….incidents occurred on an expedition with William John Morton, unfortunately drastic action had to be taken and resulted in a number of male natives being shot (sic).” No mention was made of the number killed, the circumstances of the shootings or where they occurred.
The trial of two apprehended Aborigines
The trial of Arkirkra and Padygar for Brooks murder took place in Darwin on November 7 and 8 before Justice Mallen. The first witness was 12 year-old Lolorrbra (known as Lala) who testified in detail that he saw Arkirkra, Padygar and Marungali kill Brooks. He also testified that all the Aborigines that had helped them were now dead. Constable Murray took the stand next, his evidence becoming so involved in justifying his own actions in killing suspects that Justice Mallen reminded him that he himself was not on trial and to avoid facts not relevant to the guilt of the accused. The court then adjourned for lunch. The verdict was a foregone conclusion as all that remained was the reading of the confessions made by the accused in Alice Springs. Despite lunch for the jurors being provided by the local hotel, two of the jurors went home to eat. A furious Justice Mallen dismissed the jury, ordered a new jury be empanelled and a new trial to be convened the following day. The new trial began with Lolorrbra being asked to repeat his evidence. This time his evidence, although still maintaining that the accused were the murderers, was completely contradictory. Under cross examination it became apparent within minutes that he had been coached on what to say. When the prosecution tried to introduce the written confessions of the accused, Justice Mallen pointed out that as the accused had been charged by a South Australian rather than Central Australian magistrate he would disallow the statements. The prosecution declined to call the accused to testify. Murray took the stand next, angering Justice Mallen when he repeated his justifications for killing suspects. With no evidence of guilt presented, Justice Mallen ordered the jury to acquit the accused.
During his testimony, Murray made a revealing remark: “We shot to kill”, he said.
- Justice Mallen: Constable Murray, was it really necessary to shoot to kill in every case? Could you not have occasionally shot to wound?
- Murray: No your honour, what is the use of a wounded black fellow hundreds of miles from civilization?
- Justice Mallen: How many did you kill?
- Murray: Seventeen your honour.
- Justice Mallen: You mean you mowed them down wholesale!
- —The Northern Territory Times, November 9, 1928
In the courtroom to hear this and other evidence of massacre was Athol McGregor, a Central Australian missionary. He passed on his concern to church leaders, and eventually to William Morley, outspoken and influential advocate of the Association for the Protection of Native Races, who did the most to secure a judicial enquiry. The Federal government was also under considerable pressure to act. The British media had been reporting on Australia’s treatment of Aborigines (Australia was in financial difficulties at the time and an economic mission from London was considering financial assistance), a federal election was due on November 17 and the League of Nations had publicly criticized the case. During the trial Murray was billeted with the Northern Territory police. Although only officially admitting to 17 deaths, according to constable Victor Hall he was shocked with Murray’s “freely expressed opinions of what was good enough for a blackfellow” and claimed he bragged to fellow officers that he had killed “closer to 70 than 17″.
Board of Inquiry
The Board of Inquiry was presided over by police magistrate A.H. O’Kelly and was deeply compromised from the start – its three members being hand-picked to maximise damage control; J.C. Cawood, Government Resident in Central Australia, and Murray’s immediate superior, being one of them. Cawood revealed his own disposition in a letter to his departmental secretary shortly after the massacre: “… trouble has been brewing for some time, and the safety of the white man could only be assured by drastic action on the part of the authorities … I am firmly of the opinion that the result of the recent action by the police will have the right effect upon the natives.”
The Board sat for 18 days in January 1929 to consider three incidents (Brooks, Morton and Tilmouth) that resulted in the deaths of Aborigines, and in one more day, finished its report, finding that 31 Aborigines had been killed and that in each case the death was justified. Among the more obvious shortcomings of this much criticized document:
- Neither police party was duly sworn to act under the law; they were, in effect, vigilantes.
- Glaring inconsistencies in Murray’s evidence were ignored.
- No survivors were called as witnesses.
- No corroboration was sought for any of the implausible claims of witnesses with an interest in fabrication.
- The hearing decided, in the face of indubitable evidence to the contrary, that there had been no drought in Central Australia, evidence of ample native food and water supplies and thus no mitigation for cattle spearing.
- Unsubstantiated claims about the guilt of the victims were accepted at face value.
- Imputed motives for aboriginal violence were taken to be self-evident.
- Gross deficiencies in Murray’s police recording were overlooked.
Cawood expressed his satisfaction with the outcome in his annual report for 1929, writing: “The evidence of all the witnesses was conclusive … the Board found that the shooting was justified, and that the natives killed were all members of the Walmulla (sic) tribe from Western Australia, who were on a marauding expedition, with the avowed object of wiping out the white settlers…” Following his appointment, O’Kelly had stated his intention that the enquiry would not be a whitewash and it is speculated he had been “got at.” To take up his appointment, O’Kelly travelled by train from Canberra to Melbourne with Prime Minister Stanley Bruce, who was campaigning for the upcoming election with the White Australia policy as his party’s main platform, accompanying him. O’Kelly later said that had he known how the enquiry would turn out, he would have refused the appointment, stating that if the same circumstances happened again someone would be hung for the killings. Reporting on the inquiry, the Adelaide Register-News wrote of Murray “He is the hero of Central Australia. He is the policeman of fiction. He rides alone and always gets his man.”
Aftermath
Constable Murray was quietly removed from his position and moved to Adelaide where he died in the 1960s. William Morton sold up several years after the massacre and moved out of the area. Bullfrog was never arrested and moved to Yuendumu where he died of old age in the 1970s. Billy Stockman Tjapaltjarri, a prominent Papunya Tula painter, was a survivor of the massacre. His father was away hunting and survived while his mother had hidden him in a coolamon before being shot and killed. See also the book based on his life ‘The Tjulkurra’: Billy Stockman Tjapaltjarri, ISBN 1-876622-37-7]. The strong oral history established after the massacre is recorded in paintings by some indigenous artists and the Warlpiri, Anmatyerre and Kaytetye refer to the period as The Killing Times. Similarly, other massacres that have occurred in the Ord River region have been recorded by Warmun artists such as Rover Thomas.
2001 Peter Falconio disappearance
Peter Marco Falconio (20 September 1972 – c. 14 July 2001) was a British tourist who disappeared in the Australian outback in July 2001, while travelling with girlfriend Joanne Lees and is nowpresumed dead. He was 28 years old at the time of the disappearance. Falconio’s body has never been found. Bradley John Murdoch was convicted of his murder on 13 December 2005. The case attracted considerable public and legal attention worldwide.
Early life
He was born on 20 September 1972 in Hepworth, Huddersfield, in West Yorkshire, to Joan (née Reynolds) and Luciano Falconio, an Italian immigrant. Falconio had three brothers, Nicholas, Paul & Mark Falconio. Peter was a graduate of University of Brighton.
Missing person or murder?
Lees stated that while travelling at night along the Stuart Highway near Barrow Creek (between Alice Springs and Tennant Creek) in the Northern Territory on 14 July 2001, the pair were stopped by a man waving for the couple to stop their Volkswagen Type 2 “Kombi” van and indicating trouble with their vehicle’s exhaust. Falconio got out of the van to investigate, and shortly afterward Lees heard what she believed was a backfire. Later, she believed that Falconio had been shot. Earlier that evening, they had passed a burning branch in the middle of the road. Lees remembers this as being ‘abnormal’ and of notable significance, as they had not seen this before and she considered it to be a warning of what may have happened. However, in Australia it is not unusual in dry country, particularly in the winter and spring for fires to start by vehicle exhausts or carelessly thrown cigarettes.
At the committal hearing in December 2004 Lees told the court that her assailant then tied her wrists together behind her, put a sack over her head and forced her into his ute(Pick-up truck). She also stated that the person forced her between the seats of his vehicle and into the rear of his vehicle. She said she escaped from his ute and fled into the dark, hiding under bushes, while he tried to find her with a torch. Expert Aboriginal trackers, called from a nearby settlement could find no sign of tracks other than Lees’ in the vicinity. Tracker Teddy Egan stated, “I see tracks where she run and fall down beneath tree. She lie there, hiding”. It was also noted that a pool of Falconio’s blood that had been covered in soil had attracted no ants or flies, considered to be much more out of the ordinary by Territorians than a roadside fire. Falconio’s body has not been found despite a massive police search. Much doubt has been cast on how Lees may have been able to escape from her bindings, as when she flagged down a passing truck for assistance, her hands were in front of her body. Lees however was able to demonstrate in court how easily she was able to bring her bound hands from behind to front. Police, however, found no vehicle that was able to be accessed from the front seats to the rear canopy area without leaving the vehicle.
Some two years after the disappearance, Bradley John Murdoch, a man living in Adelaide and previously acquitted of a rape charge, was found to have a possible connection to Barrow Creek on 14 July 2001. Murdoch was found not guilty of the rape but Northern Territory police applied for extradition to face charges of abduction and murder. Lees identified his photograph as being the man who abducted her after being shown a photograph of a person in custody in Adelaide by a journalist in the UK, and the DNA from the bloodstains on Lees’ clothing matched Murdoch’s DNA.
Trial of Bradley Murdoch
Bradley Murdoch’s jury trial began on 18 October 2005 in the Darwin branch of the Northern Territory Supreme Court, where he was tried for the murder of Falconio and assaults on Joanne Lees. The trial concluded in May 2006 with the conviction of Murdoch on all counts. He was sentenced to life imprisonment with a minimum non-parole period of 28 years. Northern Territory Director of Public Prosecutions Rex Wild 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’ 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. 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 A$900,000.
Defence’s closing argument
Grant Algie and Mark Twiggs, the 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.”
Algie and Twiggs pointed to the absence of blood at the crime scene, the mix-ups with DNA, the lack of a body, apparent sightings of Falconio in the days thereafter, inconsistencies in Lees’ testimony, the poor police procedures in handling evidence, and the lack of a positive identification of Bradley John Murdoch. The defence suggested that sometimes, for reasons best known to themselves, people just disappear. The defence said that sometimes they are found again, sometimes not.
Prosecution’s closing argument
Rex Wild 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.
After putting Lees in the back of his vehicle, Murdoch was trying to dispose of the body when Joanne Lees escaped into 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 an unknown place in the Central Australian outback, having wrapped Falconio’s head with Lees’s 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 closed 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.”
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 suggested that all of the evidence points to one obvious conclusion: that Murdoch killed Falconio. He stated that while 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”. 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 other inconsistencies, because Lees was under a lot of stress and pressure during the incident. He asked the jury to ignore the evidence of the sightings of Peter Falconio and to dismiss them as inaccurate, highlighting discrepancies in the stories of the various people who were said to have seen him alive in the days after the attack. He stated that the DNA did match, and that there was no chance that it was not Murdoch’s DNA and hence the jury must find him guilty. 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. Mr Wild stated that the methodical actions to get rid of any evidence suggesting Murdoch committed the offence, as well as quickly getting away suggests the acts of someone with extreme premeditation, and that it was the work of an obsessive methodical person, a man just like Murdoch. 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.
Chief Justice’s summation
Chief Justice Brian Ross Martin, the trial judge, 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 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.”
Red Rooster claim
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 buychicken 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.
Appeals
Subsequent to his conviction, Murdoch appealed the conviction and sentence. On 10 January 2007, the Northern Territory Court of Criminal Appeal (NT CCA) dismissed both limbs of the appeal. Murdoch then applied for Special Leave to appeal to the High Court of Australia. On 21 June 2007, the High Court refused to grant Special Leave. Under the Australian judicial system, Murdoch has now exhausted all opportunities of appeal. Subsequent to the High Court of Australia refusing to grant Murdoch’s application for Special Leave, there has been media speculation that Murdoch will lodge a further appeal. Perth-based QC Tom Percy is believed to be preparing Murdoch’s appeal. The appeal comes after the collapse of the case against Sean Hoey, who was acquitted in December 2007 of 58 charges, including 29 murders, related to the Omagh bombing in 1998. The NT Department of Public Prosecutions said they had not been notified of the action, and the Northern Territory Police would not comment. Evidence against both Murdoch and Hoey was given by Dr Jonathan Whitaker of Britain’s Yorkshire-based Forensic Science Service using a controversial technique called low copy number DNA. At Hoey’s trial in Belfast, however, several experts said the low copy number DNA technique used to identify the accused was unreliable, and the judge was highly critical in his assessment of Dr Whitaker’s evidence. British police suspended use of the technique, but it has now been resumed following a review by the Crown Prosecution Service which concluded that “the CPS has not seen anything to suggest that any current problems exist with LCN”. The findings have been questioned by other forensic experts, including Allan Jamieson, director of the Forensic Institute in Glasgow, who gave evidence at the Omagh trial questioning the validity of LCN.
Tourist spots
The Graves
The graves are marked by a wall around the graves and headstones. They are well looked after. In a small graveyard at the front are remains of two telegraph station workers killed in a surprise attack by Aboriginals last century.
The Pub
The old pub was built in 1926 by Joe Kilgariff, uncle of Northern Territorian senator Bernie Kilgariff, and it still has the original old bar, underground cellar, and tin ceilings. There is demountable accommodation outside and rooms inside and a caravan park. On the wall in the kitchen of the building is a cartoon of two Australian comic icons, Bluey and Curley, drawn by the artist John Gurney when he passed through during World War II. The hotel is a popular stop for travellers along the highway and contains a tremendous collection of memorabilia and items of interest which have been gathered over the years.
The Telegraph Station
For many years the Telegraph Station was the home of a linesman from Charters Towers who lived in the building and repaired breakdowns in the line from time to time. Now deceased, a corner of the hotel is devoted to his memory and his story is a fascinating one.
Current
Population
The population of Barrow Creek at the moment is 11 people all of whom work together at the roadhouse. There are two Aboriginal communities – the Tara community which is 12 km northeast andPmatajunata at Stirling Station which is about 35 km from Barrow Creek. There are about 120 people there and 80 people at Tara.
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