A MAN who was stabbed in the head and chest with a screwdriver during a frenzied revenge attack on a man that he believed was "responsible" for his brother's death has pleaded not guilty and will face a trial in Newcastle District Court.
Bradley Maybury, 23, and his 67-year-old father Tony Maybury appeared in Newcastle Local Court on Wednesday charged over an alleged attempted murder of 27-year-old Toby Bird, a friend of Tony Maybury's son Anthony Maybury, at Cliftleigh in March.
Bradley Maybury, who remains behind bars since his arrest and release from hospital, pleaded not guilty to causing wounding to a person with intent to murder and attempt to strangle or suffocate with intent to murder, while his father denied a charge of assault occasioning actual bodily harm in company.
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Bradley Maybury had previously had a charge of attempted murder dropped by prosecutors while Tony Maybury, who was granted bail in July, also had a related charge of being an accessory after the fact to attempted murder withdrawn.
The father and son will next appear in Newcastle District Court in February to get a trial date. Anthony Maybury was reported missing in March last year and his father and brother "appear to have formed the view that [Mr Bird] was responsible in some way", a NSW Supreme Court bail application for Tony Maybury heard. "Precisely what the basis of that belief was is not entirely clear."
Anthony Maybury was later found dead and investigators deemed his death was self-inflicted. On March 4, Bradley Maybury and Mr Bird are alleged to have met up and were at a house in Shalistan Street, Cliftleigh when Bradley Maybury is alleged to have grabbed Mr Bird around the neck in a "chokehold". Detectives allege that as Mr Bird was losing consciousness, Bradley Maybury said to him: "Don't fight it; go to sleep. "You are going to wake up in a better place. It's your time to die now". Mr Bird began to struggle, grabbed a screwdriver and stabbed Bradley Maybury in the head and chest. Mr Bird was then allegedly stabbed by Bradley Maybury in the neck and back.
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