A DRUG addict who murdered York backpacker Caroline Stuttle by pushing her off a bridge in Australia today lost his battle against his conviction.

Ian Previte was found guilty last October of murdering and robbing 19-year-old Caroline in the town of Bundaberg, Queensland, on April 10, 2002.

Three judges at the Court of Appeal in Brisbane ruled today there were no grounds for quashing the 32-year-old's conviction. The decision comes only two days before the third anniversary of Caroline's death.

Speaking from Australia, Caroline's brother, Richard, said: "Hopefully Caroline's memory can now be finally put to rest once and for all and we can all move on and look forward to the future. It has been a long time coming."

Caroline's mother, Marjorie Marks-Stuttle, who lives at Pocklington, said she was delighted with the decision.

"It doesn't make a difference to Caroline because we can't bring her back, but at least justice has been done," she said. "It's a painful time because of the anniversary on Sunday."

Previte's lawyer, Jeff Hunter, told the court of appeal last month the verdict was unsatisfactory because key evidence was admitted that may have unfairly influenced the jury. He said an abusive letter Previte wrote should not have been used as handwriting evidence in the trial because its contents portrayed him in a negative light.

In the letter, Previte had written of wanting to harm his grandfather. Mr Hunter argued this unfairly prejudiced his trial.

Mr Hunter also highlighted inconsistencies between admissions Previte made and the circumstances surrounding the murder. Around the time, Previte told two men that the last time he had taken the drug Serepax he "had done something silly".

Mr Hunter claimed this was inadmissible because it did not necessarily mean he murdered anyone.

Prosecutor Leanne Claire said the conviction was sound because Previte had made a full confession to police.

Caroline was walking to a caravan park when Previte attacked her. In the struggle for her handbag, she was thrown off a bridge.

Previte was sentenced to life in prison and cannot be paroled for 15 years.

In a written judgment, Chief Justice Paul de Jersey said that, while the handwriting evidence showed the flawed character of Previte "with abundant clarity", it was not enough to upset a conviction. Justice Cate Holmes dismissed claims there was a problem with inconsistencies between Previte's admissions and the circumstances of the murder.

"The discrepancies... seem to me both minor and entirely explicable by the lapse of time between the events and the police interviews, taken with the effects of (Previte's) regular drug use," she wrote.

Justice de Jersey was similarly unconvinced that the Serepax evidence was inadmissible, claiming it was "properly left to the jury".

Updated: 10:00 Friday, April 08, 2005