Hamlyn Terrace: Joshua Samuel York on trial over pursuit before fatal police shooting

A District Court trial has been aborted for a man who allegedly led police on a pursuit in a stolen 4WD which culminated in his shotgun-wielding passenger being shot dead by police; court hears.

A man on trial over an alleged pursuit in a stolen LandCruiser will have to wait for more than a year before his matter returns to court after his legal proceedings were aborted.

Joshua Samuel York, 47, of Springfield, faced Gosford District Court last week for the start of what was expected to be an eight-day trial.

However after three days of evidence Mr York sought to have his matter heard before a Judge alone and the jury was discharged.

The trial was aborted and Mr York’s matter returned to court on Thursday this week where it was set down for a new trial to commence on September 25 next year.

Mr York did not make an application for bail and he was remanded in custody until then.

PREVIOUSLY FROM TUESDAY, AUGUST 23

A man will argue he was “under duress” by his shotgun-wielding passenger when he allegedly led police on a wild pursuit around Hamlyn Terrace in a stolen car, a court has heard.

Joshua Samuel York, 47, of Springfield, faced Gosford District Court on Tuesday where he is facing trial after pleading not guilty to three offences including failing to stop during a police pursuit, using an offensive weapon to prevent apprehension and destroying a vehicle by fire.

The court heard York conceded he was driving a stolen Toyota LandCruiser when it became involved in a pursuit with police on the morning of October 15, 2020, around Hamlyn Terrace and Warnervale.

The court heard he also conceded he had a passenger in his car named Joshua Duke, 37, who was armed with a double barrel shotgun and was gunned down a short time later after a shootout with police.

However Mr York’s barrister told the court his client was ordered by Mr Duke to “floor it” and “get us away” when he became aware the LandCruiser they were travelling in was being followed.

“The case for the accused is Joshua Duke threatened to put a hole in the accused and as a result the accused was in a position that he feared he might die or be seriously injured and that’s why he conducted himself as he did,” Mr York’s barrister said.

A Highway Patrol car blocks Virginia Rd Fire Trail at Hamlyn Terrace where the LandCruiser was driven to before it was set alight. Picture: Richard Noone

The court heard the 75-series LandCruiser was stolen from a family-owned telecommunications company a few days earlier and the son of the managing director noticed the 4WD at the corner of the Pacific Highway and Louisiana Rd.

The Crown prosecutor told the court the son, who also worked for the business, rang his father before following the stolen vehicle.

The court heard two other employees in another work vehicle also began pursuing the 4WD as police were called and one witness saw Mr York was driving and his passenger was armed with a shotgun.

The court heard officers picked up the pursuit a few minutes later but it was terminated after the 4WD rammed the police car twice and later crashed through fences on a rural property.

The Crown prosecutor told the court during his opening address the vehicle was abandoned in dense bushland before being set alight.

Joshua York, 47, of Springfield, has pleaded not guilty to three offences. Picture: Facebook

He said Mr Duke was later confronted by officers on a nearby property and opened fire on police twice before he was eventually fatally shot.

He said Mr Duke had undergone recent knee surgery and must have been dropped off before the car was set on fire because he would not have been able to “cover the distance” on foot.

He said even if Mr Duke had been present and set the car on fire himself, the two men were acting in a “joint criminal enterprise” which allegedly made Mr York as culpable for destroying the car as Mr Duke.

However Mr York’s barrister said the first his client became aware Mr Duke was armed was when he unwrapped the shotgun from a jumper and threatened him.

He told the court there was no joint criminal enterprise and Mr York was “acting under that serious threat” from that moment onwards.

The trial continues.