SA Supreme Court told Louise Bell’s alleged killer, Dieter Pfennig, wants trial postponed for six months to launch $250,000 challenge to key DNA evidence in case
LOUISE Bell’s alleged killer wants his trial postponed until April next year because key DNA evidence against him runs thousands of pages — and is written in Dutch.
LOUISE Bell’s alleged killer wants his trial postponed until April next year because key DNA evidence against him runs thousands of pages — and is written in Dutch.
Counsel for Dieter Pfennig have told the Supreme Court they need six months and a quarter of a million dollars to translate the pages before the case can proceed.
Pfennig’s lawyers seek to challenge allegations that a DNA sample found on Louise’s torn pyjama top is a “one in one billion” match to their client.
That allegation, made by prosecutors, is based on cutting-edge forensic testing conducted by an international team of experts working in both South Australia and the Netherlands.
Prosecutors have opposed the delay, saying defence counsel is “fishing” for flaws in a case that is without defect.
“The fishing, at some point, has to stop and we have to get on with it,” Sandi McDonald, SC, told the court on Monday.
“That’s exactly what’s happening here — it’s fishing, looking for a possible gap somewhere when, quite frankly, there just isn’t one.”
Pfennig, 67, has pleaded not guilty to having abducted Louise, 10, from her Hackham West home on January 4, 1983 and murdering her sometime before March 1 that year.
Prosecutors have alleged a police re-enactment of the abduction proves Louise would have been taken from her bedroom in just 30 seconds.
Louise’s body has never been found, but her pyjama top was located by a neighbour who also received a phone call from the abductor, claiming the girl was “happy with them”.
Pfennig is already serving a life sentence for the 1989 murder of Michael Black, 10 — witnesses claim he has said Michael and Louise are buried together.
On Monday, Paul Charman, for Pfennig, asked his client’s trial run until Friday and then be adjourned so he could prepare to challenge the pyjama top evidence.
He said the Legal Services Commission, which is funding Pfennig’s defence, had yet to agree to pay for the challenge and all it required.
“It’s going to (take) months, frankly, and a quarter of a million dollars,” he said.
“Our experts are saying to us they need further documents delivered in English ... currently, documents have been delivered in Dutch.
“The current estimated time frame (is) April 1 next year.”
Ms McDonald said prosecutors could proceed with DNA evidence next week, and had eight experts from the Netherlands, New Zealand and Norway ready to testify.
She conceded the DNA evidence filed with the court was in Dutch, but said Pfennig’s challenge was “too broad” and amounted to sifting through thousands of pages.
Acting Justice Michael David said the trial would resume on Wednesday, continue until Friday and then adjourn until January — but no later.
“I’m not going to let things go off into Never Never Land and I’m not letting this go off until April of next year — this is a murder trial,” he said.
“If I make a ruling that this case will continue on January 11 next year, then I will sit here and hear the case on January 11 next year — how you’re going to challenge is a matter for you.”