A 12-year-old boy charged with murder over the death of Paddy Slater after a post-Australia Day brawl in Perth's CBD has had his bail denied on the fifth application – after the judge ruled his older brother would not be able to care for him.
Patrick 'Paddy' Slater, 26, died in hospital after a group, which included the boy, attacked him with star pickets, screwdrivers and rocks near Elizabeth Quay Station – then named Esplanade – in the early hours of January 27.
![Patrick 'Paddy' Slater died at the Esplanade Train Station.](/web/20160721035136im_/http://www.watoday.com.au/content/dam/images/g/n/u/0/6/g/image.related.articleLeadwide.620x349.goohs7.png/1462527077514.jpg)
The boy, who cannot be named for legal reasons, was 11 at the time, the youngest of the group of eight. He has been in custody since being charged three months ago, with bail repeatedly delayed over concerns about his accommodation options, school prospects and personal safety.
He appeared in Perth Children's Court on Friday via video link from Banksia Hill Detention centre alongside two of his co-accused, aged 14 and 17.
The two older boys were remanded in custody, to reappear on May 20, and were then dismissed, leaving the 12-year-old to be joined by his mother, who comforted him as he broke down and cried several times.
Though he smiled at his brother when he appeared to give evidence, the boy slumped ever lower as the line of questioning made it clear his brother would not be considered suitable to care for him.
For the final hour of the hearing, the boy slumped beside his mother with his chin on the table before him.
State prosecutors have strongly opposed the boy being released to the care of his 22-year-old brother.
The court previously heard this was where the boy was living, alongside his mother, when he was alleged to have taken part in the murder and also when he allegedly committed a separate offence of aggravated burglary in October.
The 22-year-old brother has spent the past several years working full-time and paying the mortgage on the family home before quite recently leaving to study full-time at TAFE.
The family's lawyer said he was young, but had shown he could both study and work and make adult decisions.
"He has managed to weather the storms of life despite a fairly difficult family situation ... he is mature beyond his years," she said.
"He is effectively the head of the family. He is not perfect by any means ... but has been dealt with by the court and he understands clearly his position and his responsibility."
The state prosecutor said while he sympathised with the 22-year-old, it was "not a character contest" and he was "clearly not in a position to support, direct or influence" his younger sibling.
In previous bail applications, which were rejected, the boy's parents had each applied to be the responsible adult and in this instance boy would be back at the same house.
"He has done the best he can to put a roof over their heads but that roof is now disappearing because he has to go out and find work," he said.
"His stated aim is to seek work so he can save the mortgage. He lives in a house where his parents use drugs.
"He is someone who would find a normal week a difficult week."
Judge Reynolds said the 22-year-old had made a great effort in very difficult circumstances and his good intentions and loyalty were clear.
"The reality is ... he has still had his problems and in June 2013 until October last year – in less than three years – he has accumulated convictions for driving under disqualification or suspension on six different occasions," he said.
"In the current situation, as a full-time student not able to meet the mortgage payments, relying on his mum who has a substance abuse issue, there will be real pressure on him to work full time.
"The sad thing in my point of view is that he is someone who is doing his best and for him to take on this responsibility ... this might just drag him down."
He adjourned the matter until May 20.
School attendance records showed the boy only attended class 25 per cent of the time in 2015 and spent a lot of time with his older brothers and cousins.
A report card from his teacher in June described the boy as "gentle" and "sensitive" while his school principal reported in September that he enjoyed school and grasped concepts quickly when he was in attendance.
The boy is one of the youngest people ever to face a murder charge in Australia
His co-accused are Christopher James Birdsall, 29, Dylan Terrance Wayne Anthony, 19, Clinton Frederick Mead, 19, Robert Christopher James Pickett, 19, a 23-year-old man, a 17-year-old boy and a 14-year-old boy.