Lawyers for killer Danny Klobucar have launched a bid to have weapons charges against their client permanently stayed.
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Klobucar, 27, was found not guilty due to mental impairment of the brutal bashing death of Canberra grandfather Miodrag Gajic, 71, at his Phillip unit in January 2014.
An ACT Supreme Court jury in March found Klobucar was the killer, but agreed with overwhelming psychiatric evidence that he suffered from paranoid schizophrenia at the time and did not properly understand his actions were wrong.
That verdict meant Klobucar would be held in a secure facility for a length of time decided by the ACT Civil and Administrative Tribunal, and reviewed monthly until he was no longer deemed a threat to himself or the community.
Klobucar's case has returned to court in recent months after Justice Hilary Penfold found he was technically still on remand for four other serious charges, including an assault, that were unrelated to the killing.
His defence team, led by John Purnell, SC, wanted the outstanding charges dropped or they would attempt to have them permanently stayed.
Klobucar last month pleaded not guilty by way of mental impairment to charges of intentionally inflicting grievous bodily harm, trespass with intent to cause harm and two charges of possessing a prohibited weapon.
Justice Penfold said she was satisfied, on the basis of evidence heard at trial, that Klobucar had been labouring under mental impairment that day.
The Crown, represented by Mark Fernandez, accepted the pleas of not guilty by way of mental impairment for the charges of grievous bodily harm and trespass.
He continued on Thursday to contest the pleas on the weapons charges - which stemmed from a knife and nunchucks found in Klobucar's car when he was arrested - on grounds those offences could not be explained by the defendant's mental impairment.
He said Klobucar's mental impairment had "a sexual colour to it", based on a tendency to identify certain older men as paedophiles, and argued he could function quite normally outside his illness.
Justice Penfold suggested it would be appropriate for the matters to be dealt with under mental health legislation, which would likely mean they would be discharged unconditionally or referred to ACAT, but the Crown declined to accept that option.
That prompted Mr Purnell to lodge an application to have the charges permanently stayed to prevent Klobucar facing further legal proceedings or a potential second trial.
The matter will return to court later this month.
