The judge presiding over the sentencing of a man who killed four people in a shooting spree across Darwin has adjourned the matter to determine whether the murderer is mentally fit to proceed.
Benjamin Glenn Hoffmann is yet to be sentenced for three counts of murder and one count of manslaughter, after changing his plea to guilty in the final weeks of his nine-week trial.
Hoffmann admitting to killing Hassan Baydoun, Michael Sisois, Robert Courtney and Nigel Hellings during a shooting spree on the afternoon of June 4, 2019.
Hoffmann dismissed his previous legal team in January.
His new defence counsel — Patricia Peterson and Bruce Levet — described their client as "delusional" and argued he was not of sound mind to proceed with sentencing.
"In my view [Benjamin Glenn Hoffmann] is not fit to plead," Mr Levet told the court.
"He is unfit to properly instruct counsel."
Defence says Hoffmann claims 'conspiracy'
Mr Levet told the Northern Territory Supreme Court Hoffmann believed there was a conspiracy against him, which had been executed by bikies, the prosecution, his former defence team and Justice John Burns.
"In particular Mr Hoffmann has indicated that he feels there is a broad-ranging conspiracy relating to an outlaw motorbike group here in Darwin, which is aimed against him and which seeks to have him convicted and imprisoned," Mr Levet said.
"He considers his previous legal team was part of the conspiracy, that those who sit to my left [the prosecution] at the bar table are part of the conspiracy, and that your honour is part of the conspiracy."
Crown prosecutor Lloyd Babb SC said the law did not provide a mechanism to examine Hoffmann's mental state, given he had already been convicted.
"They don't provide a mechanism for a fitness that has been raised after a plea of guilty, after the hearing of the full crown case, but before the sentenced is entered," Mr Babb said.
"We have moved past that stage."
Justice Burns adjourned the matter until April 1, 2022.
When court returns, Justice Burns is expected to make a decision about whether he can investigate Hoffmann's mental state or if the judicial process will proceed.
In January, Hoffmann told the court he was considering reversing his guilty plea.
Justice Burns said if this was an avenue Hoffmann wanted to pursue, he would need to waive any legal privilege that existed between himself and his previous lawyers, Jon Tippett QC and Peter Maley.
Mr Tippett and Mr Maley would then be able to give evidence about what advice they gave him and the circumstances around him changing his plea.
Hoffmann's previous lawyers last year rejected any suggestion they did not represent him to the best of their abilities.
If the guilty plea is maintained, Hoffmann will be sentenced for the three murders and one manslaughter death as well as four lesser charges.
