Tim Picton’s Suspect Released on Bail After Positive Alcohol Test

The Case of Brodie Jake Dewar and the Manslaughter Charge

Brodie Jake Dewar, a 20-year-old man accused of killing Tim Picton, a prominent Labor strategist, has managed to avoid being sent back to prison while awaiting trial. This came after police prosecutors withdrew their attempt to revoke his bail.

Dewar appeared in the Supreme Court on Thursday following a state application to cancel his bail, which had been granted by Judge Joseph McGrath two weeks earlier. The bail conditions included 12 specific requirements, such as abstaining from alcohol consumption.

During a random breath test conducted in the early hours of Sunday morning, Dewar allegedly recorded a blood alcohol level of 0.014. However, the case took an unexpected turn when prosecutor Justin Whalley decided to abandon the application after reviewing a video provided by Dewar’s defense lawyer, Milan Bevk, in a closed-door session.

Whalley explained that, after considering the evidence, including the video and a “scientific journal,” he did not believe the state had sufficient proof to proceed with the revocation. He acknowledged that Dewar had tested positive for alcohol but stated that the state could not prove he had violated his bail condition by consuming alcohol.

“I’m reticent to go into further details … I’m not sure it would assist enforcement efforts in this state as a whole,” Whalley said during the hearing.

He also mentioned that there are procedures the state plans to implement in future cases to prevent similar situations from occurring.

Dewar did not speak during the court proceedings and left without making any comments.

The Alleged Attack on Tim Picton

Dewar is facing a manslaughter charge related to the alleged attack on Picton, which occurred outside a Northbridge nightclub on the early hours of December 27. Picton, who was 36 years old, suffered a severe brain bleed and was placed in a coma. He later passed away in hospital on January 19.

The incident led to significant public attention, given that Picton was a key figure in the Labor Party’s electoral successes in Western Australia. His contributions were instrumental in the party’s 2021 state election win and its 2022 federal election success in the region.

Bail Conditions and Previous Allegations

Dewar’s bail conditions required him to surrender his passport, stay away from licensed premises, and submit to random drug and alcohol tests. Additionally, he was mandated to remain at his parents’ house in Lesmurdie, in Perth’s south-east, and observe a curfew from 7pm to 5am. This allowed him to continue his apprenticeship as a roof plumber.

Picton’s family opposed Dewar’s bail, as did police prosecutors initially. However, the court ultimately granted the bail under strict conditions.

At an earlier hearing last month, Dewar’s lawyer, Simon Watters, claimed that Dewar’s 18-year-old cousin had been repeatedly approached by Picton at the Paramount Nightclub on Boxing Day evening. According to Watters, Picton was escorted out of the nightclub before it closed at 5am and approached the girl again outside, leading Dewar to confront him on the street.

Watters argued that Dewar had been assaulted from behind five minutes earlier by an unrelated person and assumed he would be attacked by Picton during their interaction, prompting him to “throw a punch first.” However, police prosecutors rejected this explanation, stating that it was not reasonable for Dewar to believe he was about to be hit. They noted that Picton had not made any aggressive motions and had only slowly raised a cigarette to his mouth.

Additional Charges and Legal Proceedings

In addition to the charges related to Picton’s death, Dewar is also facing allegations of assaulting another man outside the Kalamunda Hotel two days before the incident involving Picton. Dewar claimed that the man was “hitting on” his younger sister and allegedly filmed him as he lay unconscious on the ground, later posting the footage on Snapchat.

Dewar has not yet entered a plea for either charge and is scheduled to appear in court again on April 29.