Hamlyn Terrace: Joshua Leigh Duke, 38, shot four times by police, coroner’s inquest hears
Officers fired 14 rounds at an ex-con who was on “ice” when he pointed a double-barrel shotgun at them. Four shots hit him, including one fatal round to the head, an inquest has heard.
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Joshua Leigh Duke had almost no connection to the Central Coast when he became involved in a wild pursuit with a security company — in one of their stolen Landcruisers — and later police, before being gunned down in a hail of bullets one Thursday morning in October.
An inquest into the 38-year-old’s death opened at Lidcome Coroner’s Court on Monday, which heard Duke was wanted by a police strike force in Goulburn over a vehicle rebirthing syndicate when he came to the coast looking for a man.
The inquest heard it wasn’t clear why Duke was looking for the man but his family believed he was “back on meth” and “up to stuff” which involved stolen cars and trucks.
Duke had been let out of jail after serving a total of six and a half years for various offences, including armed robbery, and on October 4, 2020, police believe he may have been injured in a crash in a stolen Toyota Landcruiser towing a horse float.
He presented to hospital with badly cut knees and told staff he had rolled a quad bike on a property while under the influence of alcohol and amphetamines.
A week later Duke told a friend he was staying with a man at Tuggerah when a Toyota Landcruiser was stolen from Karera Communications’ gated yard at Gavenlock Rd on October 13.
The inquest heard the 4WD was fitted with a GPS tracker and in-car camera and Karera staff were out actively looking for it.
About 8.30am on October 15 the son of the company’s managing director, who was also an employee, saw the vehicle with Karera’s logo painted over but still visible underneath.
The inquest heard he and a number of other Karera staff members followed the stolen Landcruiser around Hamlyn Terrace as police also joined the chase.
The pursuit reached speeds of up to 100km/h before the stolen Landcruiser braked suddenly causing a police car to run into the back of it twice, disabling the police car.
The Landcruiser evaded police in bushland until the PolAir helicopter reported plumes of black smoke nearby about 20 minutes later.
Two officers were the first on scene at a property on Minnesota Rd and came across Duke who was carrying a double-barrel shotgun.
The inquest heard one of the officers yelled “put the f..king gun down” and “mate, put the f..king gun down” as Duke approached and raised the firearm in his direction.
Shots were fired by both Duke and one of the officers about 9.55am.
As the officers took cover, Duke was seen using the butt of the shotgun to smash a window of a house on the property.
Three more officers arrived and a short time later confronted Duke in a small clearing and again demanded he drop his weapon.
Counsel assisting the Coroner Robert Ranken told the inquest Duke pointed the shotgun at them and they opened fire, discharging several rounds at him.
Duke dropped to one knee and collapsed on the ground but started to lift himself up and began pointing the gun at them again when the officers — two senior constables and a sergeant — fired again.
Duke slumped on the ground and the sergeant ran up and kicked Duke’s shotgun out of the way.
The inquest heard the three officers fired 14 shots, four of which struck Duke.
One hit him in the right thigh, one in the right chest, which exited under his shoulder and another struck him on the left thumb.
An autopsy found a fourth round, which hit him just off centre in the middle of his forehead, was the fatal shot.
Mr Ranken told the inquest it would hear evidence that would likely find the three officers discharged their weapons “in execution of their duty” and all formed the view “it was necessary to defend themselves and it was a reasonable response to the threat”.
He said it would be left to the Coroner to determine from the available evidence, if possible, which officer fired the fatal shot and whether the police involved could have done anything differently.
The inquest heard a second man, who was allegedly seen driving the stolen Landcruiser with Duke in the passenger seat, was arrested three days later.
That man, 47, of Springfield, was charged with a number of offences including, failing to stop during a police pursuit, using a vehicle to avoid arrest and setting fire to the 4WD.
He has pleaded not guilty on the grounds he was “under duress” by Duke, who was armed with a shotgun, and will face trial next September.
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