Alleged Darwin shooter may not have evidence to use mental impairment defence, court hears

ALLEGED Darwin shooter Ben Hoffmann may no longer be able to raise the defence of mental impairment at his trial next year – where he intends to plead not guilty – due to a lack of evidence, a court has heard.

Alleged Darwin gunman Ben Hoffmann, 46, appears in Darwin Local Court after being charged with four counts of murder. Art: Stuart Thornton

• Trial date for alleged Darwin shooter Ben Hoffmann set for March 2021, with trial expected to last nine weeks
• Accused Darwin gunman Ben Hoffmann to plead not guilty

ALLEGED Darwin shooter Ben Hoffmann may no longer be able to raise the defence of mental impairment at his trial next year – where he intends to plead not guilty – due to a lack of evidence, a court has heard.

Hoffmann, 46, is facing 11 charges including four counts of murder, in relation to the shooting in Darwin city last June.

He is set to face a trial, which could last up to nine weeks, from March 29 next year.

Hoffmann’s lawyer, Susan Cox QC, appeared in the Darwin Supreme Court on her client’s behalf on Wednesday and indicated that he would plead not guilty to all 11 charges at trial.

However, after indicating for several months that Hoffmann would plead not guilty on the grounds of mental impairment, Ms Cox told the court she does not have the evidence to substantiate such a defence at this stage.

“I can’t say that for certain (that the defence of mental impairment won’t be raised) at this stage, but at this stage I can say I haven’t got the reports to raise that issue,” she told the court.

“To substantiate that to a plea,” Chief Justice Michael Grant said.

“But still it’s not confirmed yet,” said Ms Cox.

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The matter will return to court on February 5.

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