A JURY is expected to retire tomorrow to decide whether Bradley Murdoch killed Huddersfield backpacker Peter Falconio.
Murdoch is on trial in Australia, charged with murdering the 28-year-old from Hepworth.
And today, the judge said he was likely to complete his summing up of the evidence tomorrow morning before asking the jury to retire.
Murdoch is also charged with abducting and assaulting Mr Falconio's girlfriend, Joanne Lees, formerly of Almondbury.
The 47-year-old mechanic has denied all the charges.
Today the judge told jurors to disregard Miss Lees's belief that her attacker was caught on security footage near the scene of the attack.
Miss Lees, who told police she was abducted and assaulted on the same night in the Australian Outback more than four years ago, said she thought the image of a man caught on CCTV footage at an Alice Springs service station just hours later looked like her attacker.
Murdoch, of Broome, Western Australia, denies murdering Mr Falconio, and abducting and assaulting Miss Lees, after flagging the couple down on a remote stretch of highway north of Barrow Creek, about 200 miles from Alice Springs, on July 14, 2001.
The judge, Chief Justice Brian Martin, told the jury at the Northern Territory Supreme Court in Darwin to disregard her evidence on this specific matter as she did not have the opportunity to see her attacker walk.
The video, from the Shell truck stop at 12.38am on July 15, showed freeze-framed images, and did not show the man walking continuously. The court has also heard that the video was of a "poor quality" and police investigating the alleged murder did not seize the computer hard drive on which the original digital video images were stored.
Instead, officers copied the video on to VHS tape, reducing the quality of the images further.
The judge said: "You hardly need me to tell you there are dangers in drawing your own observations from images of poor quality.
"From your viewing of the video alone, you could not safely draw the conclusion that the vehicle in the video is the vehicle of the accused."
The judge also told the jury it would be "totally unfair" to rely on a comment made by Rex Wild QC, the Director of Public Prosecutors, that: "Broome was abuzz and the accused's father and friends all thought it was the accused in the truck stop video."
The judge said: "You have not heard from any of these people. You may have regard only to the views of the persons who have appeared before you in the witness box."
The judge urged the jury to consider carefully all of the evidence relating to the truck stop video.
"If you are satisfied the evidence is reliable and it was the accused in the truck stop video, that would lead you to the conclusion that the accused was in Alice Springs," he said. "From that conclusion, the Crown asks you to draw the inference the accused had the opportunity to be in Barrow Creek and carry out the attack.
"If, from a consideration of all the evidence you are satisfied it was the accused in the truck stop, you will find you are satisfied the accused is not being truthful to you about this.
"If you are satisfied the accused has deliberately lied about being at the truck stop and he told the lie because it would implicate him in the matter, you may find it was out of a consciousness of guilt on the part of the accused.
"If you are satisfied that the accused deliberately lied in this matter then that is another piece of circumstantial evidence in this case."
Murdoch sat in the dock taking notes during the judge's summing up. At the back of court, Miss Lees sat with members of her boyfriend's family.
Later, the judge summed up the evidence relating to how Miss Lees moved from the front to the rear of her attacker's vehicle. He said: "Immediately after the events Miss Lees believed the vehicle had bucket seats and she got through to the rear by moving between those seats.
"Miss Lees now says she is not so sure.
"She said: `It's possible now he (her attacker) might have pushed me through the side of the canvass'.
"Obviously this is a very significant issue. If it's a reasonable possibility it's not the accused's vehicle, then it would also follow that it's a reasonable possibility that it was not the accused."
The judge said if that was the case, the jury should acquit Murdoch. But he told the jurors: "Bearing in mind the explanation given by Miss Lees, and all the other evidence, are you satisfied that the original recollection of Miss Lees was incorrect?"
He said Grant Algie, defending Murdoch, suggested Miss Lees had "shifted her evidence", but Mr Wild, prosecuting, said Miss Lees was "confused because of the trauma and distress".
Mr Wild also said Miss Lees may have been confused because her camper van did have interior front-to-rear access. But the judge also highlighted Miss Lees said her attacker's vehicle had individual bucket seats. Although not standard on a Toyota Landcruiser, Murdoch's vehicle also had this type of seat.
The judge also discussed Miss Lees's description of the attacker and compared it to Murdoch, who had short hair. He said defence counsel "relied heavily" on the comfit image of the attacker with long hair and said the comfit "demonstrated a significant inconsistency" in Miss Lees's evidence.
But he said the prosecution asked the jury to put this aside, to picture the comfit image with short hair, and "look at the rest of the comfit which he (Mr Wild) said bore a remarkable resemblance to the accused, even as far as the deep-set eyes".
The judge said Murdoch carried cannabis from Sedan, in South Australia, to Broome, in Western Australia, used amphetamines to stay alert on the long journey and carried a gun for protection. But he warned the jury they could not use this to say he was the type of person who is likely to have committed the murder, abduction and assault.