TWO Tenterfield brothers accused of a violent bashing and street mugging have signalled they will fight the charges.
Bradley Maybury and Michael James Maybury have both waived their right to a committal hearing and instead have been committed for trial in Armidale District Court.
The pair are facing a number of charges but were committed on one count each of aggravated stealing from a person with violence.
The crown alleges the pair attacked a 20-year-old man, breaking his jaw and leaving him unconscious on Rouse St on December 14 last year.
The victim was airlifted for surgery for his injuries and also suffered a fractured cheekbone and eye socket. The man’s wallet was also allegedly stolen during the altercation.
Crown prosecutor Ben Barrack argued it was a strong circumstantial case placing Bradley Maybury at the scene.
“It’s a joint criminal enterprise,” he told the court.
Mr Barrack said evidence from a doctor suggested the victim’s injuries were consistent with being punched and kicked.
But solicitor Glen Kee said it was nothing more than a “circumstantial case.”
“There is no direct evidence of my client committing the offence,” he said.
“My submission is the crown’s case is a very weak case.”
But Magistrate Karen Stafford committed the two for trial and if found guilty by a jury, the pair could face a maximum of 25 years in prison. Bradley Maybury also pleaded guilty to one count of resisting police after he hid from officers when they tried to arrest him.
Mr Kee said the offence was at the lower end of the scale.
“My client was found hiding under the bed and when pulling him out there was a struggle,” Mr Kee said.
But the court heard there were aggravating circumstances and police prosecutor Sergeant Jim McDonald argued a prison sentence was warranted.
“It’s a resist police. Police are there to do a duty,” he said.
“He has struggled with police at the time when they’ve gone to arrest him.”
Sergeant McDonald said the arrest was for a serious offence and general deterrence was needed.
Magistrate Karen Stafford said the accused was found at a Glen Innes address on December 30.