An Illawarra man banned from drinking alcohol while he awaits trial over the drunken one-punch death of his father has been caught drink-driving in the middle of the night.
Matthew Domio has been on strict Supreme Court bail since February 2016 – nine months after he allegedly fatally struck his father Dario in the jaw during a drunken dispute inside the family home at Dapto.
Dario fell unconscious and was rushed to hospital but died two days later.
His son was subsequently charged with assault causing death (under the influence), to which he has pleaded not guilty.
Domio stood trial in Wollongong District Court in August 2016 however the jury was not able to reach a verdict. A second trial set down for May this year had to be abandoned when a defence lawyer fell ill.
At the time, Judge Andrew Haesler continued Domio’s Supreme Court bail, which included conditions that he not drink alcohol and abide by a nighttime curfew.
However, the court heard Domio was in breach of both those conditions when police detected him drink-driving in the early hours of Saturday morning.
Court documents said officers were patrolling Pioneer Road at Oak Flats when they heard a vehicle revving loudly in a nearby street around 2.30am.
Officers identified Domio’s vehicle as responsible for the sound and pulled him over on Lake Entrance Road.
When they approached the car, Domio said to them “I’m in big trouble with you guys”.
He then got out of the vehicle and handed police the keys.
Officers said they could smell liquor on his breath.
A subsequent breath test proved positive and he was taken to Lake Illawarra Police Station, where he blew a reading of 0.171.
Domio was charged with high-range drink driving and refused bail.
He fronted Wollongong District Court on Tuesday where he admitted to the breach of bail through his lawyer.
Prosecutors did not oppose Domio being released, prompting Acting Judge Mark Marien to reinstated Domio’s bail.
“You have to respect your bail conditions and comply with them for your own welfare,” Judge Marien said.
Domio will stand trial on the one-punch charge next February.