Bail Decision Sparks Controversy in High-Profile Manslaughter Case
A significant development has occurred in the case of Brodie Jake Dewar, 20, who is accused of the fatal “coward-punch” attack on prominent Labor strategist Tim Picton. Dewar has successfully avoided a return to prison while awaiting trial, following a decision by police prosecutors to withdraw an application to revoke his bail. This move came after a closed-door viewing of evidence, including a video supplied by Dewar’s defence team.
The Supreme Court heard on Thursday that the state had sought to revoke the bail granted to Dewar just two weeks prior by Judge Joseph McGrath. This initial bail was granted with stringent conditions, including a complete prohibition on alcohol consumption.
The prosecution’s initial application stemmed from a random breath test conducted by bail management officers in the early hours of Sunday morning. It was alleged that Dewar registered a blood alcohol reading of 0.014.
However, in an unexpected turn of events, prosecutor Justin Whalley announced the abandonment of the bail revocation application. This decision was made after Whalley reviewed a video presented by Dewar’s defence lawyer, Milan Bevk, in private.
Whalley informed the court that, after considering the presented evidence, including the video and a “scientific journal,” he concluded that the state did not possess sufficient grounds to pursue the application. While acknowledging that Dewar had indeed returned a positive breath test, the prosecution could not definitively prove that he had consumed alcohol in violation of his bail conditions.
“I’m reticent to go into further details… I’m not sure it would assist enforcement efforts in this state as a whole,” Whalley stated, indicating a desire to avoid revealing information that could compromise future enforcement strategies. He also mentioned that the state would be implementing new procedures to prevent similar situations from arising in future cases.
Dewar himself made no comment as he departed the courtroom.
The Allegations and Bail Conditions
Dewar faces a manslaughter charge in relation to the alleged attack on Tim Picton, which is reported to have occurred outside a Northbridge nightclub in the early hours of December 27.
The bail conditions initially imposed on Dewar were comprehensive. They included:
- Surrendering his passport to authorities.
- Strictly avoiding any licensed premises.
- Submitting to random drug and alcohol testing.
- Residing at his parents’ home in Lesmurdie, located in Perth’s south-east.
- Adhering to a curfew, requiring him to be at home between 7 pm and 5 am. This curfew was specifically designed to allow him to continue his apprenticeship as a roof plumber.
It is understood that Picton’s family had strongly opposed Dewar’s bail application, a stance initially shared by police prosecutors.
The Tragic Incident and Defence Arguments
Tim Picton, 36, sustained a severe brain bleed as a result of the alleged assault. He was placed in an induced coma but tragically passed away in hospital on January 19.
During an earlier court hearing last month, Dewar’s lawyer, Simon Watters, presented his client’s account of the events. Watters stated that Dewar’s 18-year-old cousin had been repeatedly approached by Picton at the Paramount Nightclub on Boxing Day evening. Picton was subsequently escorted from the nightclub before its closure at 5 am. He is alleged to have approached the young woman again outside the venue.
According to Watters, Dewar then approached Picton on the street. The defence lawyer also claimed that Dewar had been assaulted from behind by an unrelated individual approximately five minutes prior to this interaction. This, Watters argued, led Dewar to believe he was about to be attacked by Picton, prompting him to “throw a punch first.”
However, police prosecutors have contested this narrative, asserting that it was not reasonable for Dewar to perceive an imminent threat from Picton. They contend that Picton exhibited no aggressive behaviour and was merely raising a cigarette to his mouth in a slow motion.
Additional Charges and Picton’s Legacy
Adding to the legal complexities, Dewar is also facing charges stemming from an alleged assault on another man outside the Kalamunda Hotel just two days before the incident involving Picton. Dewar reportedly claimed that this man had been “hitting on” his younger sister. He is also accused of filming the unconscious man and posting the footage to Snapchat.
Dewar has not yet entered pleas for either of these charges and is scheduled to appear in court again on April 29.
Tim Picton was widely recognised as a formidable election strategist. He was instrumental in orchestrating Labor’s victory in the 2021 state election and played a crucial role in their success in the 2022 federal election in Western Australia. After leaving politics in 2022, he took up a directorial position at Mineral Resources. His political career also included significant contributions to the Victorian and South Australian Labor parties.
