A man who fatally shot an alleged home intruder near the outback town of Katherine earlier this year has pleaded guilty to a charge of manslaughter.
Kim Kellett, 38, appeared in custody at the Northern Territory Supreme Court this morning charged with shooting a 26-year-old man who entered his property near the Cutta Cutta Caves, 30 kilometres south of Katherine, about 4am on March 17.
Kellett was initially charged with murder over the alleged incident, but this morning pleaded guilty to the lesser charge of manslaughter.
The court room was filled with supporters of Kellett, who wiped away tears during the proceedings.
Mr Kellett's lawyer, Jon Tippett KC, described Mr Kellett as a "family man" who was woken up "by his wife screaming" and "saw a man in the house".
"Here he is, in an isolated location. Darkness. His kids and his wife have been threatened," Mr Tippett KC said.
The court heard Kellett confronted the alleged intruder and chased him out of the house, however, the alleged intruder returned to the property.
Mr Tippett KC said his client then yelled out to the man — who appeared to have "grass or shrubbery attached to his body in some sort of camouflage" — to ask him what he was doing, but did not get a reply.
"[Kellett] did not know what the person was capable of, and his behaviour and return to the yard caused him significant concern," Mr Tippett KC said.
"He decided to let the man know he had a gun, and that he should stay back.
"He accepts that he recklessly fired into the darkness, chest-height, and could not see the man when he fired."
Senior Crown Prosecutor, Marty Aust, told the court Kellett was "reckless" to have fired a shot into the dark on the night of the incident.
"The Crown doesn't accept this was a warning shot," he told the court.
"It was a shot fired from the shoulder — aimed and fired from the shoulder — at a noise, into the dark, knowing or believing that the person responsible for that noise was in the vicinity."
However, Justice John Burns told the court "the real question is the degree of moral culpability on behalf of the offender".
"That involves considering why he left the house, why he left the house while he was armed, and why he fired the shot," he said.
"You seem to be suggesting that the reason he fired the shot was because he was angry, and that it was nothing to do with concern about his own protection, or protection of his family."
Justice Burns also said the alleged intruder's decision to stay on the property after being confronted may have influenced Kellett's behaviour.
"He doesn't run off, he doesn't leave the premises, he just hangs around," Justice Burns said.
"Would that not give you concern if your house was in the middle of nowhere, in the middle of the night?"
'Social media has been a nightmare'
In a victim impact statement read aloud by Mr Aust, a cousin of the deceased described the moment her "heart smashed into a million pieces" upon learning of his death.
"He was like a brother to me and my siblings," the statement read.
"Social media has been a nightmare, seeing the things that people have been commenting on news articles about my cousin has been absolutely heart-wrenching.
"A lot of the comments came from locals in Katherine, and because of this, I really struggle to go into public just for everyday things."
Mr Tippett KC told the court his client was "devastated by the fact another man has died".
"He is genuinely, genuinely remorseful for what has occurred," he said.
"It was not his intention to hurt or kill another man."
Justice Burns described the incident as a "tragedy all round".
"I can understand the anger of the family of the deceased," he said.
"They knew him. They have some idea about what sort of person he was. But the accused, the defendant, didn't."
Kellett is due to be sentenced at the Supreme Court on November 1.
