Ben Hoffmann’s lawyers may still lead evidence of mental impairment, court hears

ALLEGED Darwin shooter Ben Hoffmann’s legal team may still introduce evidence that could lead to an acquittal based on mental impairment at his upcoming murder trial, a court has heard.

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ALLEGED Darwin shooter Ben Hoffmann’s legal team may still introduce evidence that could lead to an acquittal based on mental impairment at his upcoming murder trial, a court has heard.

In a final pre-trial hearing in the Supreme Court on Friday, Hoffmann’s lawyer Jon Tippett QC said he would pursue any and all defences available to his client when the trial begins later this month.

Mr Tippett had previously indicated he no longer intended to lead evidence on a potential mental impairment defence but would not rule it out when questioned by Chief Justice Michael Grant on Friday.

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“The defence intends to defend,” he said.

“My instructions are to pursue the defences that are open to the accused and I will.”

Alleged Darwin shooter Ben Hoffmann will fact trial on March 29.

Chief Justice Grant said if mental impairment was raised in the course of the trial it was “almost inevitable” that the jury would have to be discharged and the trial adjourned so the issue could be properly dealt with according to law.

Earlier this month Mr Tippett told the court he expected to receive an 11th hour report supporting a plea of not guilty due to mental impairment but that report never eventuated.

On the previous occasion, Crown prosecutor Matt Nathan said absent evidence of mental impairment, the key question for the jury would be whether Hoffmann was so high on ice at the time he was incapable of forming an intent to kill.

“The fundamental decision for the jury, the fact in issue, is whether or not the accused formed a specific intent, despite his intoxication,” he said.

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“The jury will need to come to a conclusion, based on all of the evidence naturally, as to what were the primary reasons behind — I suppose the motive of the accused — why he did what he did.”

The trial is due to commence on March 29.