See -rather than try to make a fool out of someone, I would choose not to post.
Thats my take on things anyhow..
ryan -I suggest that your brother,if he hasnt got one yet,gets a solicitor pronto.I can see where you are coming from,the fact he hasnt been charged in what in the grand shceme of things is,in his favour.However with Police shifts and such it can take a while before the officers are back on duty to deal with it.Its obviously not being perceieved as a a priority though.
His previous would be taken into account but I personally think the fact he has been of good behaviour since and has held down a job would even if charges were brought be in his favour and the Judge would opt for no-custodial if found guilty.
Try your hardest to get some other witnesses.
Good Luck -I believe your brother does not have a case to answer but then he hasnt been chargd and I aint the Sheriff.