Jury to decide if Bagley guilty of murder or self defence
A FORMER Hervey Bay resident faces an anxious wait with a jury expected to begin its deliberations today to determine his fate.
Anthony Stewart Bagley has pleaded not guilty to murdering Colin Edgar Lutherborrow on July 20, 2011, at Broadbeach Waters.
Crown Prosecutor Vicki Loury said in her closing address to jurors on Tuesday Mr Bagley had killed Mr Lutherborrow to show he was a tough guy.
She said the notion raised during the trial that Mr Bagley was acting in self defence was simply unbelievable.
"He told undercover officers posing as prisoners in the watchhouse that he was a better shot than that c**t," she said.
"However there was no evidence whatsoever that Mr Lutherborrow had any type of weapon the night he was killed.
"He only said what he did to the undercover officers to make out that he was this big tough guy."
Ms Loury asked jurors to consider why, if Mr Bagley was acting in self defence as he claimed, did he threaten to kill the only two people that could corroborate his story.
"If he was acting in self defence then why did he threaten to kill George Koulis and Claudia Guevara-Koulis along with their families on several occasions," she said.
"Why would he threaten to kill the only two people that could possibly give his claims any credence?"
Ms Loury said the idea that Mr Bagley only killed Mr Lutherborrow because he feared for his own life was also fanciful.
"Remember, he was the one that got out of the car and fired a shot into the air," she said.
"It is hardly what a man fearful of his life would do.
"He only got out of that car to prove he was a tough guy.
"His actions were that of a person with a big ego on a power trip.
"And to prove he was a tough guy he then shot Mr Lutherborrow in cold blood."
Ms Loury told jurors that Mr Lutherborrow's actions on the night he was killed were provocative, but any reasonable person would not pull out a gun and shoot a person they had only met 10 minutes prior.
Defence barrister Mark Johnson is expected to give his closing address this morning (Mar 11) before Justice Peter Lyons addresses jurors about their responsibilities in delivering a verdict.
The jury will then retire to consider its verdict.