Attempted murder charge withdrawn against Brad Maybury over alleged Cliftleigh stabbing

Police will withdraw a key charge against a man accused of the retribution stabbing of a former friend, after charges against his dad were also downgraded.

A man who police allege stabbed a family friend in the neck and back in a vicious act of revenge will have his attempted murder charge withdrawn, after related charges against his father were downgraded.

Brad Maybury, 23, and his father Tony Maybury, 66, were charged after the alleged knife fight in the garage of their Cliftleigh home earlier this year.

Brad Maybury (l), Tony Maybury Sr and Tony Maybury Jr (r). Picture: Facebook.

Newcastle Local Court on Wednesday heard the sole charge against Maybury Jr would be withdrawn and replaced with four others, including cause wounding/grievous bodily harm to person with intent to murder; attempt to strangle/suffocate with intent to murder; wound person with intent to cause grievous bodily harm; and intentionally choke person with recklessness.

Earlier in the day an accessory after the fact to attempted murder charge was withdrawn against his father, leaving Maybury Sr with a single charge of assault occasioning actual bodily harm.

In documents tendered during a July bail hearing, police allege the men attacked their victim, Toby Bird, on March 4 in retaliation after the death of their son and brother.

The court heard the men blamed Mr Bird for the death of Tony Maybury Jr, whose body was found in a dam last year and his death deemed self-inflicted.

Police allege Maybury Jr choked Mr Bird, telling him, “don’t fight it, go to sleep, you’re going to wake up in a better place, it’s your time to die now”.

They further allege Mr Bird was able to reach a screwdriver, using it to stab Maybury Jr three times and escape his grip.

Blood spilt down the street after the alleged stabbing at Cliftleigh. Picture: Emily Burley.

Police allege Maybury Sr then intervened by punching Mr Bird and telling him, “get off him you dog”.

According the documents Mr Bird told Maybury Sr, “what the f**k? Tony was my best friend, I loved him like a brother”.

Police allege Maybury Jr then used a 25 centimetre knife to stab Mr Bird in the neck and back.

Mr Bird was able to flee, driving himself to hospital where he was listed as critical but made an eventual recovery.

Maybury Sr was granted bail in July while Maybury Jr remains behind bars on remand. Both men will return to court on December 8.

EARLIER:

Accessory charge withdrawn in Cliftleigh alleged stabbing

By Emily Burley, October 13, 2021

A Cliftleigh man who police alleged helped his son stab a family friend in an act of revenge has had his accessory after the fact to attempted murder charge withdrawn.

Tony Maybury, 66, was charged alongside his son Brad Maybury, 23, after the alleged altercation at their home in March.

Maybury Sr now faces a sole charge of assault occasioning actual bodily harm for which he has yet to enter a plea.

Police at the scene of the alleged double stabbing at Cliftleigh. Picture: Emily Burley.

Police allege the father and son were motivated by the belief their alleged victim, Toby Bird, was responsible for the death of their son and brother, also named Tony Maybury, whose body was found in a dam in April last year. The death was deemed by investigators to be self-inflicted.

In documents tendered to the court, police allege Maybury Jr reached out to Mr Bird on March 4, inviting him to their home late that night.

They further allege a fight broke out in the garage about 1am the following morning, with Maybury Jr choking Mr Bird, telling him, “don’t fight it, go to sleep, you’re going to wake up in a better place, it’s your time to die now”.

Police allege Mr Bird was able to reach a screwdriver, using it to stab Maybury Jr three times and escape his grip.

It was at this time police allege Maybury Sr entered the garage, punching Mr Bird and telling him, “get off him you dog”.

Maybury Jr disappeared into the house while Mr Bird told Maybury Sr, “what the f**k? Tony was my best friend, I loved him like a brother”.

Police at the scene in at Cliftleigh. Picture: Emily Burley.

Police allege Maybury Jr returned to the garage with a 25 centimetre knife, using it to stab Mr Bird in the neck and back.

They further allege Maybury Sr told his son, “don’t kill him, don’t kill him just yet”.

Police allege the words “just yet” indicated Maybury Sr intended to kill Mr Bird later.

Mr Bird pulled an emergency release to open the garage door and fled, leaving blood spilt on the street and parked cars as he left.

Police allege Maybury Sr did not try to help Mr Bird, instead calling an ambulance for his son who suffered three stab wounds.

During a July bail review that saw Maybury Sr released from custody, Justice Geoffrey Bellew told the court police did not have a strong case for accessory charge, having little evidence to prove he intentionally assisted or encouraged his son in the alleged stabbing.

In Newcastle Local Court on Wednesday, lawyer Mark Ramsland indicated Maybury Sr may consider pleading guilty to his remaining charge when he returns to court on December 8.

Maybury Jr has yet to enter a plea to one charge of attempted murder and remains before the courts.