BEN Batterham, the man charged with murder when drug addict Ricky Slater died after a home invasion in Batterham’s house, has had a “nervous breakdown” since the death.

During a bail application on Thursday, a court heard that since being charged with murder Mr Batterham had received death threats, had PTSD and had “practically had a nervous breakdown”.

“Since the death of the deceased his life has been in turmoil,” his barrister Winston Terracini, SC, said, adding his client had lost his job as an apprentice chef and was now seeing psychiatrists.

The NSW Supreme Court also heard that “no-one knows how [Ricky Slater] died whether it was from methamphetamine, heart attack or the ill treatment by the accused”.

Ben Batterham successfully applied for bail after being imprisoned since February for breaching conditions by drinking alcohol.

Appearing by video link from Silverwater maximum security jail, Batterham said he had hurt his family by being caught driving more than three times over the limit and being found regularly drinking at a local pub until closing time.

Mr Batterham, 34, attracted massive online support following the Easter 2016 home invasion by Ricky Slater of Batterham’s Newcastle house which he shared with his wife and young daughter.

Ricky Slater, 37, a convicted offender, died after a chase by Mr Batterham from his home and an ensuing scuffle.

When Mr Slater’s life support in hospital was switched off, police charged Mr Batterham with murder.

Imprisoned in Cessnock jail and then released in May 2016 he was rearrested after his alcohol breaches and will face a committal hearing later this month.

The deceased Ricky Slater’s family applauded the magistrate who locked up Mr Batterham in February, describing the drinking as a “brazen” breach of conditions.

But Supreme Court Justice David Davies granted Mr Batterham bail, with a severe warning.

Justice Davies told the court that Mr Slater had broken into Mr Batterham’s house who was homeat the time with his partner and young daughter. After Mr Batterham became aware of the intrusion he “chased him from the property and along the street”.

“[Mr Batterham] caught up with him and tackled him to the ground,” Justice David said.

“He thereafter assaulted him for a prolonged period despite [others] endeavouring to restrain him.”

Justice Davies said Mr Batterham had held Mr Salter “in a chokehold and struck him repeatedly to his head”.

Police handcuffed Mr Slater “but it became apparent he was unconscious or semiconscious ... had suffered a cardiac arrest” and was taken to Newcastle’s John Hunter Hospital.

“What first occurred was not at [Mr Batterham’s] instigation but his behaviour towards the deceased was violent and prolonged.

“Despite that, the applicant has suffered very considerably emotionally as a result of all that has occurred including the death of the deceased.

“He has lost his job ... and turned to alcohol. I am prepared to accept he has a very honest intention of not consuming alcohol.

“Mr Batterham, you would have to regard this is your very last chance.

“If you breach bail again, you will be back inside until the trial takes place.”

The court heard that Mr Batterham had been sacked by the prestigious Newcastle Club after the drink driving arrest.

Ben Batterham will be released from Silverwater prison over the next few days with strict conditions that he not consume alcohol or drugs, that he live with his partner or parents and observe a nightly curfew.

He is banned from entering licensed premises, including cafes and restaurants.

Mr Batterham received public support following the murder charge in 2016 after Mr Slater’s criminal past was revealed.