Tallen and Dillon Kilpatrick stand trial for allegedly throwing an icepick and attacking a man with shovels at his home

Two brothers stand accused of an attack involving an icepick and shovels that left a man with a busted jaw, all stemming from a burnout in a bottle shop carpark.

Two brothers stand accused of attacking a Whyalla man with an icepick and shovels over a dispute involving $200 and a bottle shop carpark burnout, a court has heard.

Tallen and Dillon Kilpatrick, of Whyalla, are each charged with causing harm with intent, theft and assault over an incident at Whyalla in March, 2020.

The brothers stood trial in the Port Augusta District Court this week, where prosecutor Patrick Mulvihill alleged they went to the house of Philip and Brenton How, where they demanded Philip hand over his motorcycle before assaulting him.

“They were there to intimidate and if necessary to hurt Philip How, to rough him up and take something of value,” Mr Mulvihill said.

“That was the plan of the men and they were willing to take any steps necessary.”

It is alleged that they threw an icepick at him, beat him with shovels and tried to break his legs.

Philip How suffered injuries including a broken jaw and a fractured left eye socket.

He was taken to Whyalla Hospital before being flown to Flinders Medical Centre for surgery.

Tallen 'Red Dog' Kilpatrick stands accused of breaking a Whyalla man's jaw among several other assault charges.

The Port Augusta District Court heard this week during Philip How’s testimony that he was woken by his brother telling him that Tallen was out the front of their house and he had to go outside.

“He (Tallen) said ‘where’s your f***ing motorbike, I’m taking your motorbike for nearly running over my brother’,” Mr How said.

“We can do this the easy way or the hard way, I’m taking your f***ing bike.”

Under questioning, Philip How told prosecutors that Dillon Kilpatrick had spotted him several times in a car driving recklessly and that there had been no issue.

“I was a passenger in a car doing burnouts in the Westlands Hotel carpark,” Mr How said.

“I was nowhere near them.”

Mr How told the court that he regularly bought meth from Tallen Kilpatrick and that he thought they were there to collect $200 that he owed him.

He said that he went to jump a fence to retrieve the bike before having an icepick thrown at him, then turned around and was hit multiple times in the face with a garden shovel.

“He was behind me putting pressure on my neck and I think I passed out,” Mr How said.

“Then I woke up on the floor and got kicked in the face before getting dragged to the sandpit where Tallen stomped on my legs.”

The court heard that the injuries from the alleged attack have been substantial, with Mr How’s doctor saying that the injuries were most likely the result of an assault.

“My bones don’t want to hold the screws and keep pushing them out of my face,” Mr How said.

“I can’t see too good long distance.”

The prosecution late this week applied for a mistrial, an application that was unopposed by defence counsel.

Judge Matthews accepted the application and granted a mistrial, with the matter to be retried at a later date.