Dillon and Tallen Kilpatrick jury verdict delivered in Port Augusta Magistrates Court

Two Whyalla brothers have been found guilty of savagely beating a man to a pulp over a $200 debt, before stealing his brother’s motorbike and pushing their mother to the ground.

A pair of Whyalla brothers brutally attacked a man with a shovel and ice pick over a $200 debt, before stealing his brother’s motorbike and pushing their mother to the ground, a court heard.

The case against brothers Tallen ‘Red Dog’ Kilpatrick and Dillon Kilpatrick relied on witness statements given by another set of siblings – victims Philip How and Brenton How.

Philip How was flown to the RAH with injuries including a broken jaw following the attack – which occurred on March 21, 2020 in Whyalla Norrie – while brother Brenton How had his motorbike stolen.

During his witness statement to court, Philip How said he was woken by his brother Brenton How who alerted him Dillon Kilpatrick was at their door.

The court heard after a verbal disagreement Philip How was chased into his backyard by the Kilpatrick brothers and another man.

“An ice pick was thrown at the back of my head, I ducked and it missed then I was hit in the back of the head by a shovel,” Philip How said.

“Then I was grabbed in a headlock by Dillon who strangled me and dragged me across the (backyard) sandpit area.”

Tallen ‘Red Dog’ Kilpatrick. Picture: Facebook

Tallen Kilpatrick also assaulted Philip and Brenton How’s mother, Kerrie Shaddock, following the incident after she went to his house to square a $200 debt that Philip How owed.

The court heard that for a year leading up to the backyard assault, Philip How regularly purchased around $1000 of meth a fortnight from Tallen Kilpatrick.

The Kilpatrick brothers remained silent throughout the five-day trial in the Port Augusta Magistrates Court, with their lawyers offering ulterior motives for the incident including a hotel car park burnout that Philip How allegedly performed near Tallen Kilpatrick’s girlfriend.

Dillon Kilpatrick’s defence counsel Alexander Rice questioned the consistency and conduct of witness statements given by Philip How, his partner Zara Crawford and mother Kerrie Shaddock.

“For all the trouble that has gone into it, maybe it’s worth suggesting it wasn’t the $200 that was the issue?” Mr Rice said.

“Was it a drug debt or an act of revenge for a pathetic driving incident?

“The point is that when the questioning gets too close to the bone, he (Philip How) gets aggressive.”

Patrick Mulverhill, for prosecution, said Philip How “didn’t embellish his evidence” and was “mild when describing his pain.”

“There are certain things you can’t be in any doubt about, Philip How was assaulted in the yard” Mr Mulverhill said.

“He was dripping blood throughout the house, his clothes were stained with blood and he had ligature marks around his neck.

Mr Mulverhill said Philip How “knew his assailants and he nominated them” and that he “didn’t lay it on thick for you (jury)” when giving evidence.

“There can’t be any doubt the motorbike was taken, it’s still missing,” he said.

A Whyalla emergency doctor and Adelaide facial surgeon were called upon during the trial to provide evidence of Philip How’s injuries, which included a broken jaw and fractured left eye socket.

The Whyalla doctor said Mr How was “unable to close his mouth” and had “blood and spit constantly coming out.”

The Adelaide surgeon reported the injuries as “consistent” with someone who may have been hit in the face with a shovel.

A camping shovel was recently uncovered and DNA tested, the court heard.

The jury verdict found the Kilpatrick brothers guilty of all charges – causing harm with intent, theft and assault over the incident.

Chief Judge Paul Cuthbertson indicated after the guilty verdict that the Kilpatrick brothers both had prior convictions including causing serious harm and drug trafficking.

They will both be sentenced in the Adelaide District Court later this year.