Hoffmann to face jury within a fortnight as lawyer declares ‘the trial will go ahead'

Alleged Darwin mass murderer Ben Hoffmann will face a jury in less than two weeks, with his lawyer declaring on Tuesday ‘the trial will go ahead’ as planned on March 29.

• Hoffmann murder trial facing lengthy delay as mental impairment defence revived at the 11th hour

ALLEGED Darwin mass murderer Ben Hoffmann will face a jury in less than two weeks, with his lawyer declaring on Tuesday “the trial will go ahead” as planned on March 29.

Hoffmann is facing four counts of murder in the Supreme Court for allegedly gunning down three people and stabbing another man to death in Darwin in June 2019.

When the case was last before the court last week, Hoffmann’s barrister, Jon Tippett QC, said he expected to receive an 11th hour report supporting a plea of not guilty due to mental impairment within a week.

Chief Justice Michael Grant said that would “almost inevitably” result in the trial being postponed for a lengthy period and Hoffmann likely having to submit to a psychiatric evaluation by an expert nominated by the Crown.

Defence barrister Jon Tippett QC. Picture Glenn Campbell

But on Tuesday Mr Tippett reversed his position, saying the defence no longer intended to lead any expert evidence of its own on his client’s mental state at the time of the alleged killing spree.

But when Chief Justice Grant queried whether there was “no prospect whatsoever” the defence would seek to rely on a mental impairment defence, Mr Tippett left the door open.

“I didn’t say that, I said the trial will go ahead,” he said.

“I don’t propose to at this stage, that is, adduce material from this side of the bar table.”

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In response, Deputy Director of Public Prosecutions, Matt Nathan SC, said the Crown’s expert reports were directed towards psychosis, rather than mental impairment.

“Were that issue to be raised then there would need to be a further report provided and indeed, requests were made for examination of the accused,” he said.

Mr Nathan said if the defence did end up leading expert evidence of its own, the Crown would seek an order from the court directing Hoffmann to submit to an assessment by their expert.

On the last occasions, Mr 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.

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“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.

“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.”

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