Labor figure's accused killer beats bail booze reading

Mr Picton, who has been lauded as a brilliant political tactician, died in hospital several weeks after hitting his head on the pavement during the incident with Dewar.

His death triggered an outpouring of grief from his family, friends and colleagues, as tributes flowed from the prime minister, several premiers and business leaders.

Mr Picton had advised state and federal politicians, and helped guide WA Labor to a landslide 2021 election victory.

Dewar, who is on bail with 12 strict conditions, has been charged with grievous bodily harm and manslaughter over the incident that was recorded on CCTV.

On Thursday, he reappeared in the WA Supreme Court after police alleged he breach of his bail conditions by consuming alcohol.

Dewar recorded 0.014 an alcohol breath test conducted by police in the early hours of Sunday, the court heard.

But prosecutor Justin Whalley declined to push ahead with an application to revoke his bail after assessing evidence, including a video and a scientific journal.

"The situation is Brodie Dewar is clearly in breach, that is a positive result, but we would have to establish his breach of bail is he consumed alcohol," Mr Whalley said.

"We would be unable to submit to Your Honour that he had been drinking alcohol."

Dewar's bail conditions include a ban on consuming alcohol and illicit substances, and he must submit to random testing when required.

He is also on a curfew between 7pm and 5am, must live with his parents, had to hand over his passport and not enter licensed premises.

Dewar, a short nuggety young man with a mullet hairdo, was grim-faced as he sat in the court's elevated dock.

The court has previously heard Mr Picton was ejected from the Paramount Nightclub due to intoxication.

Mr Picton had repeatedly grabbed Dewar's 18-year-old cousin around the waist and made unwanted advances towards her, defence lawyer Simon Watters has previously told the court.

The young woman, Dewar and others in their group repeatedly told Mr Picton to stop and go away, but the unwanted attention continued, the court heard.

Mr Picton's advances continued on the street after the venue closed, amid numerous attempts to dance with the young woman.

Dewar and Mr Picton came face to face after the older man made another failed attempt to engage with the young woman outside a fast-food restaurant, Mr Watters had told the court.

Mr Picton had his left hand in his pocket and was not acting aggressively, according to a police prosecutor, citing CCTV footage.

He slowly lifted his right hand and took a puff on a cigarette before Dewar allegedly struck his face, and he fell to the ground, hitting his head.

His hand only came out of his pocket once he was lying on the ground.

Dewar has also been charged with causing bodily harm over an incident in the Perth suburb of Kalamunda on December 25, when he allegedly punched another man outside a pub.

Prosecutors are expected to drop Dewar's grievous bodily harm charge over the alleged assault on Mr Picton.

Dewar is scheduled to reappear in Stirling Gardens Magistrates Court on April 29.