ADAM Bidner, accused of killing Shane Mears by hitting him with his car and leaving him for dead at the Cessnock waste management facility in 2020, has been found fit to stand trial for murder.
Mr Bidner, of Aberdare, is accused of using his Toyota Landcruiser to run down 54-year-old Mr Mears at the waste management facility on Old Maitland Road on July 5, 2020.
And while Mr Mears lay dying from multiple critical injuries beside a large scrap heap in an isolated area of the facility, Mr Bidner is accused of fleeing the scene.
Mr Bidner had pleaded not guilty to murder, manslaughter, dangerous driving occasioning death and failing to stop and assist after impact causing death and was expected to face a trial in Newcastle Supreme Court starting last month.
But on the eve of his trial, Mr Bidner's lawyers said they had received a report that he was unfit to stand trial on the basis of a neurocognitive disorder.
However, a clinical neuropsychologist who assessed Mr Bidner last month told the fitness hearing on Monday that testing showed he was malingering and exaggerating any cognitive impairment.
"Mr Bidner's performance across testing was considered to be unreliable and strongly indicative of someone trying to exaggerate or feign cognitive impairment, in particular memory impairment," clinical neuropsychologist Lucienne Barhon said.
"On five separate measures designed to detect effort his performance was inconsistent with any clinical diagnosis and was only in keeping with someone intentionally feigning impairment."
Justice Helen Wilson delivered a brief judgment on Wednesday afternoon, finding, on the balance of probabilities, that Mr Bidner was fit to stand trial for the murder of Mr Mears.
The matter was adjourned until Thursday and Mr Bidner could face a trial as early as February next year.
