Man accused of fatally coward-punching Labor figure Tim Picton back in court after allegedly failing breath test on bail

The man accused of killing prominent Labor figure Tim Picton in a coward punch attack outside a Perth nightclub has avoided having his bail revoked after allegedly returning a positive breath test. Brodie Dewar, 20, was charged with manslaughter on February 13 after Mr Picton died in hospital from injuries he allegedly suffered in the attack weeks earlier. He had previously been charged with grievous bodily harm over the alleged attack that occurred on December 27, but was taken into custody when it emerged he allegedly knocked another man to the ground causing him bodily harm outside a Kalamunda pub on Christmas Eve. When the charges were referred to the WA Supreme Court earlier this month, Mr Dewar was granted bail under strict conditions, but he was hauled back to court after allegedly returning a positive breath test of 0.014 in the early hours of Sunday morning. Prosecutor Justin Whalley said the breach may be premature after reviewing a video and scientific journal because there was not enough evidence to proceed with an application to revoke Mr Dewar’s bail. “The situation is that Mr Dewar is clearly in breach, that is a positive result, but we would have to establish he breached bail for consuming alcohol,” he said. “We would be unable to submit to your honour that he had been drinking alcohol. “I can say there are procedures that can be put in place in future which would avoid uncertainty in this case.” Justice Joseph McGrath told the court it was understandable that the matter came before the court after officers recorded a positive reading during a curfew check. “What needs to be established on breach is that Mr Dewar had consumed alcohol,” he said. “Mr Dewar can continue in the community on bail.” Mr Dewar is yet to plead to charges of manslaughter and grievous bodily harm over the alleged attack on Mr Picton, as well as a third charge of causing bodily harm to another man during the Kalamunda incident. Mr Dewar was required to pay a $10,000 personal undertaking and $20,000 surety when he was granted bail on March 4. He was ordered to reside at his parent’s Lesmurdie home and was subjected to a 7pm to 5am curfew. The 20-year-old was also banned from consuming alcohol and illicit drugs, entering licensed premises and submitting to random breath tests and urine analysis on request.