Lawyers for Adam Bidner, accused of hitting a rival scrap metal collector with his car and leaving him for dead at the Cessnock waste management facility in 2020, claim he is unfit to stand trial due to a traumatic brain injury he suffered in a car accident a number of years ago.
But a clinical neuropsychologist who assessed Mr Bidner last month told NSW Supreme Court 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."
Mr Bidner, of Aberdare, is accused of using his Toyota Landcruiser to run down 54-year-old Shane 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.
Forensic psychiatrist Dr Gerald Chew gave evidence during a fitness hearing on Monday, telling Justice Helen Wilson that Mr Bidner had a significant traumatic brain injury and appeared unclear about the court process and the charges against him.
But he later acknowledged it was possible Mr Bidner was feigning some lack of understanding after Crown prosecutor Brian Costello read him intercepted telephone calls from jail where Mr Bidner appeared to have a good understanding of the allegations against him.
The fitness hearing will continue on Tuesday.
