Sentencing hurdles mount as Hoffmann courts top Darwin silk
The sentencing of serial killer Ben Hoffmann will only proceed if the NT government agrees to help pay for it, as he seeks to add a top silk to his pro bono legal team, a court has heard.
Police & Courts
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THE sentencing of serial killer Ben Hoffmann will only proceed if the NT government agrees to help pay for it, as the convicted murderer seeks to add a high profile Darwin silk to his pro bono legal team, a court has heard.
Hoffmann again faced the Supreme Court on Thursday after pleading guilty to the murders of Hassan Baydoun, Michael Sisois and Rob Courtney as well as the manslaughter of Nigel Hellings in 2019.
His lawyer, Patricia Petersen told the court Hoffmann had had no success in securing further legal aid funding after following through on a threat to sack his previous legal team, headed by Jon Tippett QC.
“As it turns out, at the 11th hour, today, some good news, I did contact Mr John Lawrence, senior counsel,” she said.
“He invited me to communicate with him in writing providing an update as to where the matter’s at, with a view to him potentially acting pro bono in the matter.
“If we continue on with the team, if Mr Lawrence is agreeable to acting for Mr Hoffmann and being part of the team, Mr Hoffmann would be represented by Mr Lawrence, Mr (Alex) Tees and myself on a pro bono basis.”
Ms Petersen said she had only just broken the news to her client about Mr Lawrence’s potential involvement but had managed to convince him Mr Tees “definitely has his best interests at heart”.
“The last time we were before your honour, Mr Hoffmann had concerns about Mr Tees and didn’t want him to represent him anymore, (but) Mr Hoffmann has changed his mind about Mr Tees, which is spectacularly helpful, so that’s where we’re at,” she said.
“I don’t anticipate any issues with respect to Mr Lawrence, if Mr Lawrence chooses to do so, to represent Mr Hoffmann.”
Ms Petersen said Hoffmann’s new team intended to submit three expert medical reports to her client’s sentencing hearing but had no funding to make their authors available for cross examination by prosecutors.
In response, Justice John Burns requested that the Crown make inquiries with the Director of Public Prosecutions and the NT Legal Aid Commission about securing the cash so the hearing could proceed.
Justice Burns said it would be “an intolerable situation in terms of the administration of the criminal justice system” if the experts were unable to appear “because nobody was willing to fund their time”.
“One way or another, I think it is almost inevitable that, prior to any sentencing occurring, if Mr Hoffmann wants those witnesses to be called and their reports to be tendered and it can only be done on the basis of them being cross examined by the Crown, then ultimately, the Crown will have to accept responsibility for making them available,” he said.
“That’s the only way it’s going to proceed.”