Man recording snoring captures alleged murder on smartphone

JACOB Sobkowiak did not believe it when his flatmates told him he was a heavy snorer.

Curiosity got the better of him so he decided to find out for himself and see if his mates were telling him the truth.

So he did what any tech-savvy young man would do . . . he downloaded an app to his smartphone.

Little did he know by doing so he would inadvertently capture the moment a man was murdered in the dead of night and left to die on a Gold Coast street.

The man accused of firing the shots, former Hervey Bay resident Anthony Stewart Bagley, has pleaded not guilty in the Brisbane Supreme Court to murdering Colin Lutherborrow during the early hours of July 20, 2011.

Mr Sobkowiak told the court on Wednesday he downloaded the popular sleep app in the days prior to the shooting and used it for the first time the night Mr Lutherborrow was murdered.

"My housemates told me I snored so I decided to download a sleep app to my phone and check it out for myself," he said.

"It is a sound activated app that records any noises you make while you are sleeping."

Crown Prosecutor Vicki Loury asked Mr Sobkowiak to describe what he discovered the following morning.

"I slept right through the night and when I woke up in the morning my flatmates told me someone had been murdered around the corner," he said.

"So I went and checked my phone and listened to the recording made that night.

"You could hear me snoring and then at exactly 2.24am you could hear a distinct gunshot, me snoring some more and then another couple of shots all within about three or four seconds."

The court was then played the chilling audio recorded from the app which captured the moment Mr Lutherborrow was killed.

Bagley's barrister Mark Johnson then asked Mr Sobkowiak a series of questions before asking if he had fixed his snoring problem . . . he told the court he has not.

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