Bradley Maybury denied bail over alleged attack on Toby Bird at Cliftleigh

Police allege Bradley Maybury attacked a man because he blamed him for his brother’s death. He has now made an application for bail.

A man who denies attempting to kill his dead brother’s friend because he blamed him for his sibling’s death has been denied a bail application so he could enter a rehabilitation facility in the lead up to his trial.

The NSW Supreme Court heard on Wednesday that Bradley Maybury would argue at his upcoming trial that he was defending himself during an altercation with Toby Bird inside the garage of a Cliftleigh home in March last year.

Mr Maybury has pleaded not guilty to charges including attempting to strangle with intent to murder and wounding with intent to murder.

Bradley Maybury

The NSW Supreme Court heard Mr Bird suffered wounds to his neck and back when allegedly stabbed with a screwdriver after being lured to the Cliftleigh address by Mr Maybury.

The court also heard that Mr Maybury had blamed Mr Bird for the death of his brother, Anthony Maybury junior, and had made several attempts to put Mr Bird in a “position of vulnerability” before the alleged attempted murder.

A police investigation found Anthony Maybury junior had committed suicide though a coroner made an open finding, the court heard.

The scene at Cliftleigh in March, 2021. Picture: Emily Burley.

Bradley Maybury, through his legal representatives, applied for a release application on a number of grounds, including the strength of the prosecution case, the fact Mr Maybury suffered from mental health issues and needed treatment, and that he would not be a flight risk.

They argued that although the prosecution was not weak, the corroborative evidence came from statements from Mr Bird.

However, it would be Mr Maybury’s case that he was attacked by Mr Bird and any injuries received by the alleged victim were inflicted because Mr Maybury was protecting himself and his father, the court heard.

They also argued that Mr Maybury was suffering from post traumatic stress disorder due to “childhood trauma” as well as substance abuse issues, and a stint in a Port Stephens rehabilitation facility would assist him and the community.

The scene at Cliftleigh in March, 2021. Picture: Emily Burley.

It was further argued that, although Mr Maybury was on parole for a violence-related offence at the time of the alleged attack on Mr Bird and had a lengthy criminal history, he had never failed to appear in court.

However, Justice Stephen Campbell denied the release application, stating that although there were “some factors that are a little strange” and that a conviction was not inevitable, the prosecution case was strong and Mr Bird’s account was consistent with police and forensic evidence.

Justice Campbell also said the suggested rehabilitation program for Mr Maybury would be six to 12 months long, with his trial due to start in February next year.

He said a combination of the seriousness of the charges, strength of the Crown case, Mr Maybury’s record of violence, the fact that a “substantial jail sentence” would be imposed if he was convicted and the closeness of the trial meant he would refuse bail.