The charge against a Dudley Park man in relation to a death on Boundary Road earlier this year was dismissed in Mandurah Magistrates Court on Tuesday.
Dean Jorg Kowitz was charged with assault causing bodily harm following the sudden death of Sean O’Reilly on June 20.
Mr O’Reilly’s death prompted a murder investigation after his body was discovered by neighbours that morning.
Detectives from Mandurah and Major Crime officers placed Boundary Road in lockdown after the discovery, with Mr Kowitz arrested and charged that day.
Mr Kowitz was never granted bail and spent close to three months on remand at Hakea Prison.
Appearing via video link on Tuesday, Mr Kowitz made no comment after police prosecution discontinued his case.
It is understood the charge was dismissed due to lack of evidence.
Mr Kowitz was awarded costs in the sum of $2200 to pay legal fees related to lengthy negotiations with Major Crime.
Counsel for Mr Kowitz, John Hawkins, said his client had little understanding of the matter and “done it hard” in prison while awaiting the outcome of the case.
“Three months is a long time,” Mr Hawkins said.
When asked if Mr Kowitz was likely to receive compensation for his time behind bars, Mr Hawkins scoffed.
“That’s the criminal justice system for you,” he said.
Mr Kowitz will be released later on Tuesday.