Anthony Stewart Bagley appeals murder conviction
CONVICTED murderer Anthony Stewart Bagley has appealed to the state's highest court claiming his conviction earlier this year was unsafe and unsatisfactory.
Bagley, who hails from Hervey Bay, was found guilty of executing Colin Edgar Lutherborrow and leaving him to die in the middle of the road at Broadbeach Waters on the Gold Coast during the early hours of July 20, 2011.
It was the murder trial that had it all.
The Brisbane Supreme Court heard a sordid tale involving a prostitute, her husband, a client and a drug dealer and a fateful car ride that resulted in Mr Lutherborrow being murdered in cold blood . . . and a smartphone snoring app that captured it all.
Bagley was sentenced to life behind bars with a non-parole period of 15 years.
However, defence barrister Winston Terracini told the Queensland Court of Appeal on Thursday the conviction was unsafe because the trial judge erred in his direction to jurors and claimed police had acted unprofessionally when they initial interviewed Bagley over the murder.
"The problem arises around the trial judge's comments to the jury about Bagley's decision not to give evidence at the trial," he said.
"He clearly referred and made a point to the jury that Bagley did not give evidence.
"It could have given the impression to the jury that they should give weight to that when determining their verdict.
"Especially the sentence where he said to be cautious of giving weight to the defence's evidence as it was not subject to cross-examination."
Mr Terracini also claimed police recordings should not have been played at the trial because they had been obtained by unethical means.
He said if the trial judge was aware of how they were obtained he should have immediately dismissed the jury.
"The actions of the police during the interviews were appalling," he said.
"Bagley told police seven times he did not wish to be recorded and they told him he was not.
"However on all occasions he was.
"Then low-and-behold those recording were produced at the trial.
"The police deliberately misled the accused."
Bagley's parents, David and June Bagley who still live in Hervey Bay, were in court on Thursday for the hearing.
The Queensland Court of Appeal reserved its decision.