Brodie Dewar Escapes Jail Return as Prosecution Withdraws Bail Breach Application
Brodie Jake Dewar, the 20-year-old man accused of fatally coward-punching Labor figure Tim Picton, has narrowly avoided being sent back to jail after prosecutors dropped a bid to revoke his bail over a positive alcohol breath test. The decision came during a bail hearing at the Supreme Court on Thursday, where the prosecution cited insufficient evidence to confirm Dewar had consumed alcohol.
Positive Breath Test Fails to Secure Bail Revocation
Dewar was arrested in the early hours of Sunday when a police officer conducting a curfew check administered a breath test, which returned a reading of 0.014, barely above the legal limit. He is under strict bail conditions, including a prohibition on drinking alcohol, while awaiting trial for the alleged attack on Tim Picton outside Paramount Nightclub in Northbridge at 5:30 am on December 27. Picton, a 36-year-old father-of-one, succumbed to his injuries in hospital several weeks later.
At the hearing, Prosecutor Justin Whalley stated that although Dewar had returned a positive breath test, the prosecution could not definitively prove he had drunk alcohol. This conclusion was reached after reviewing video evidence provided by Dewar's lawyer and consulting scientific journals. Whalley emphasized, "We are reluctant to go onto further details than that," and noted that while Dewar was "clearly in breach of his bail conditions" by testing positive, they "would be unable to submit that he had been drinking alcohol." Consequently, the prosecution did not pursue an application to revoke bail.
Strict Bail Conditions Remain in Place
Justice Joseph McGrath released Dewar on the same stringent conditions, which include:
- A curfew from 7 pm to 5 am
- Drugs and alcohol testing
- A ban on entering licensed premises
- Surrendering his passport
- Not leaving Western Australia
Additionally, Dewar is not required to report to his local police station in Forrestfield but must accept random visits from officers for breath tests and urinalysis. His case is scheduled to return to court on April 29.
Background of the Alleged Attacks
The Perth Magistrates Court heard in February that Dewar allegedly attacked Tim Picton because he believed Picton was paying excessive attention to his female cousin at the nightclub. According to allegations, as Picton stood outside on James Street, Dewar extended his right arm as if to shake hands but instead punched him on the left side of the jaw, causing him to fall and strike his head on the pavement. At the time, Picton was smoking a cigarette with his other hand in his pocket.
Dewar was initially granted bail for the manslaughter charge but remained in custody due to another alleged coward-punch attack outside Kalamunda Hotel, which occurred two nights prior to the Picton assault. In that incident, CCTV footage allegedly shows Dewar punching a man in the head, knocking him unconscious. He is further accused of filming the victim as he lay on the ground and posting the clip to Snapchat with the caption: "Don't hit on my younger sister next time, brother. Keep snoring."
On March 4, Dewar was granted Supreme Court bail for the Kalamunda case, with the prosecution not opposing the application despite strong objections from Tim Picton's family. Prosecutor Justin Whalley explained that to oppose bail, the State would need to argue that no conditions could mitigate the risk of reoffending, a position he deemed inaccurate.
