A 59-year-old man accused of murdering his estranged wife told police he should have stayed and protected her during an attack by an unknown assailant, but panicked, a jury has heard.
Andrew John Cobby has denied murdering Gaylene Cobby – known as Kym – who was beaten and choked while taking out rubbish at her Gold Coast hinterland home on November 12, 2017.
Cobby and 51-year-old Ms Cobby had been separated for many years at the time of her death.
Talking on the phone Cobby repeatedly said he was sorry while officers tried to find him after Ms Cobby's body was found at the Worongary property.
In a recorded conversation played in the Brisbane Supreme Court on Thursday, Cobby said his estranged wife asked him to come to her house as she was scared and convinced someone was on the property.
Cobby said there was just one assailant who wore dark clothes.
“I tried to protect her,” he said on the phone to Detective Senior Constable Robert Wilkinson, who was trying to find him.
Cobby said he should have stayed and protected his estranged wife, but instead panicked.
Sen Const Wilkinson told the jury Cobby was in quite an “agitated state” when they found him nearby.
He had a few abrasions, a couple of bruises and a black stain on his jeans.
The first paramedic on the scene Darrin Hatchman said it was clear when he arrived that Ms Cobby was dead.
He checked for a pulse, noticing bruising around her eyes indicative of a massive head injury, he told the court.
Ms Cobby's bloodied body was found about 11pm by her ex-brother-in-law Craig Eden near the road at the end of the long driveway of the house where they both lived, prosecutor Philip McCarthy said earlier.
At first Mr Eden – who had been married to Kym's sister – didn't recognise the mother-of-three.
“Kym Cobby had been choked, asphyxiated, and left for dead,” Mr McCarthy added.
He said the jury would hear a locked red Chrysler Cobby borrowed from his flatmate that evening was found near the body.
The jurors would also hear audio from a neighbouring home's security camera of a woman start screaming about 11pm.
Mr McCarthy said the prosecution would suggest in the recording the woman could be heard screaming “Andrew, please”, the screaming continued and it abruptly stopped.
“The Crown contend that the recording you will hear in this court room is of the last moments of Kym Cobby's life as she is killed,” Mr McCarthy added.
Defence barrister Tony Kimmins said Cobby claimed the pair had been investing money with others, but there had been a falling out.
He told the jury Ms Cobby had complained she and family members had been threatened by people associated with the investments.
This included a report to police less than a month before she died.
He argued the jurors will have “great problems” in coming to the conclusion the prosecution established beyond reasonable doubt Cobby killed his estranged wife.
The jury is set to hear from more than 50 witnesses over at least three weeks before Justice Peter Callaghan.Internet Explorer Channel Network