A man accused of murdering an international student in Darwin “likely” had an intellectual disability that impacted his decision-making and impulse control, the Northern Territory Supreme Court has heard.
Warning: This story contains content some readers may find distressing.
Md Isfaqur Rahman had been in Darwin just three months before he died, having moved from Bangladesh for his studies.
(Supplied: Bangladeshi Student Association)
Tiwi Islands man Brendan Kantilla has pleaded not guilty to the murder of 23-year-old Bangladeshi man Md Isfaqur Rahman in May 2023.
His jury trial began on Monday this week.
According to facts agreed on by the prosecution and the defence, Mr Kantilla entered the student’s share house in Darwin’s northern suburbs late at night while Mr Rahman was sleeping and hit him over the head with a paver brick.
When Mr Rahman began experiencing a seizure after the blow, Mr Kantilla used a fire extinguisher to strike him again.
The defence is arguing Mr Kantilla was suffering a substantial mental impairment at the time of the incident.
Defence lawyer Phillip Boulten SC called neuropsychologist Laura Scott to the witness stand on Wednesday. (ABC News: Olivana Lathouris)
Neuropsychologist who interviewed accused in prison testifies
On Wednesday morning, the defence called neuropsychologist Laura Scott, who interviewed Mr Kantilla in 2024 while he was in prison awaiting trial.
Reading from a report she prepared at the time, Ms Scott said the accused told her about a brief altercation he had with two men — including Mr Rahman — on the night of the alleged murder, during which Mr Kantilla claimed the pair called him a “motherf***er” and “black c***”.
“He was particularly incensed by derogatory comments about his mum, who is deceased,” Ms Scott said.
According to the neuropsychologist, Mr Kantilla said he was “really upset” by the altercation and “wanted to go back and bash them”.
“He could remember the victim’s face from the earlier encounter and said he was ‘feeling really angry’,” Ms Scott said.
The court heard Md Isfaqur Rahman died at the Millner property he was renting. (ABC News: Hamish Harty)
Accused ‘adamant’ he did not want to kill the victim, court hears
Ms Scott said Mr Kantilla was “adamant he did not wish to kill the victim”, but said the accused told her he wanted to “hurt him badly” and “put him in hospital”.
Brendan Kantilla is on trial after pleading not guilty to murder. (Supplied: Facebook)
The witness told the court Mr Kantilla gave “varied” responses when asked whether he understood the seriousness of his actions, but that he was “readily able to identify the actions were wrongful”.
“I formed the view that he understood this was a disproportionate response,” she said.
Ms Scott also gave evidence about Mr Kantilla’s behaviour in the police interview following his arrest, which she had previously watched a recording of.
She noted the accused smiling, laughing, and “bragging” at moments during the interview.
“For somebody to behave in this way … either they’re a person who has a complete callous disregard for the severity of the situation and the act that’s occurred or they’re a person who seriously doesn’t comprehend the severity of the situation,” Ms Scott said.
During his cross-examination of the witness, Crown Prosecutor Lloyd Babb SC suggested Mr Kantilla had demonstrated a “high level of planning” when he checked for CCTV cameras outside the house, and said he later tried to “cover up” his crime by hiding the paver from police.
Lloyd Babb SC, representing the prosecution, cross-examined the neuropsychologist. (ABC News: Olivana Lathouris)
Ms Scott accepted the attack was “deliberate” and involved a “level of planning”, but did not agree Mr Kantilla’s actions were “controlled”.
Accused had cognitive profile of a nine-year-old child
Ms Scott told the court Mr Kantilla, who was 29 at the time of the alleged offending, had the elements of the cognitive profile of a nine-year-old child, and an IQ “in the range of a mild intellectual disability”.
The neuropsychologist said she felt “unable” to make a formal diagnosis, but thought it was “more likely than not” the accused had an intellectual disability.
Police at the scene of the incident in May 2023. (ABC News: Hamish Harty)
Ms Scott said Mr Kantilla’s “cognitive impairment” would have impacted his “mental capacity” on the day he attacked Mr Rahman, including his decision-making and impulse control.
“I’m not saying he has no ability …. to control himself. But I do think he has considerably reduced ability to stop, think, reflect before making the choice to do these things.”
The witness said alcohol consumption was likely a “significant factor” in Mr Kantilla’s behaviour on the night of the alleged murder, however she maintained his cognitive ability would have been “significantly” impaired regardless of whether or not he was intoxicated.
The trial continues on Thursday.
