TWO brothers accused of manslaughter have been released on bail two days before they would have spent one year in custody.
Blake Nathan Goldsworthy and Wade Leigh Goldsworthy face the charges for their involvement in a 2013 fight with a man outside a Maroochydore venue before he died.
Lawyer Simon Lewis, representing the brothers, said when the man started a fight with Wade, the brothers' co-accused, Matthew John Hill, tackled the pair to the ground.
Blake joined the fight after they were tackled.
Mr Lewis used a pathologist's earlier testimony, heard in the magistrates court, to argue it might not have been the brothers who brought about the man's death.
The pathologist testified the injury that killed the man could have occurred during his fall to the ground.
He said either hitting a table, twisting his neck, and kicks or punches to the man's head could have cause the injury, which was a torn artery in the side of his neck.
But the Department of Public Prosecution also used the pathologist's testimony to fight the bail applications.
Lawyer Amanda Robinson argued the brothers' kicks and punches to the man's head killed him.
She said witnesses had stated they continued assaulting the man when he was unconscious.
Ms Robinson said they had assaulted strangers, while they were drunk, near licensed premises in the past and Wade had glassed a man at a pub.
She said the brothers were flight risks because although their charges had been downgraded from murder to manslaughter, they could still be indicted for murder.
The brothers were earlier denied bail while they were facing murder charges.
But Justice James Douglas said the change in charges and the pathologist's testimony was enough of a change in circumstances.
The brothers must live with their father, have a 10pm-5am curfew, cannot drink and must have alcohol treatment.
Blake must also surrender his passport to police.
- APN NEWSDESK
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