Cops' cock-up puts end to gay-sex trial

Sarah Crawford | The NT News | June 8, 2011

A MURDER trial involving gay sex for cash was abandoned yesterday after an extraordinary police cock-up.

Lost evidence showing that another man's shorts were stained with the victim's blood was suddenly found.

Defence lawyer Jon Tippett told the Supreme Court in Darwin: "It does not get much worse than this."

Police and the Director of Public Prosecutions immediately launched an investigation into how the critical evidence was lost for seven months and was only rediscovered two weeks into the trial.

Jordan Danny Thompson, 18, was freed after nearly a year in custody. The teenager, from the remote community of Ngukurr, 314km east of Katherine, was surrounded by family and friends as he was driven away without commenting.

Mr Thompson was accused of murdering former school teacher Michael Condrick by stabbing him in the neck in his Katherine unit.

During the trial, witness Samuel Wesan said Mr Condrick paid young Aboriginal men, including former students, for sex.

He was the only witness to the killing and gave evidence against Mr Thompson.

But on Monday, Crown Prosecutor Matthew Nathan discovered Mr Condrick's blood had been found on Mr Wesan's shorts.

Mr Nathan told Judge Jenny Blokland that in light of the evidence, Director of Public Prosecutions Richard Coates had decided to terminate the case.

Mr Nathan told Justice Blokland he only became aware of the crucial evidence earlier that morning while conferencing the forensic biologist who examined the shorts.

The court heard the forensic biologist mailed her report to the Katherine police investigation unit but the officer in charge of the murder investigation never received it. The court heard that the report either never made it to Katherine police station or was misplaced before it could be received by the investigation unit.

Outside of court, Mr Condrick's brother Ray said he did not believe his murdered sibling would ever get justice.

Mr Tippett told the media he had never seen critical evidence lost in a murder trial before. "My client faced a charge of murder and potentially life in prison," he said. "Jordan is a young man who has suffered a lot and it will take him some time I think before this sinks in."

Mr Coates said he understood the police murder investigation would remain open. He said on the evidence available there was no reasonable prospect of convicting anyone.