Murder accused says fatal knifing was never intended

Joe Church said he could only presume Josh Hirst sustained his fatal knife injuries when they were struggling together.

He told Leeds Crown Court that his co-accused, Aaron Smith, went to speak to Mr Hirst near his home in Mirfield on the evening of August 3 last year.

“It was just like Josh suddenly turned round and started hitting Aaron.”

Church said Mr Hirst was punching Smith in the face and, being much fitter, was getting the better of him, so he decided to pull them apart. He grabbed Mr Hirst but was thrown to the ground by him.

As he went down, a knife he had bought earlier that day and forgotten was in his pocket, fell out and Mr Hirst picked it up, so he grabbed his wrist and hand and they struggled over it.

Eventually Mr Hirst let go of it and turned his attention back to Smith and they began to grapple and wrestle, he said.

“I attempted to split them both up again. I tried to tackle Josh round his waist.” He said the knife was still in his hand.

“That’s when I think I cut him on the back,” he told the jury.

He and Smith then ran away as Josh was shouting he had been stabbed, he said he assumed he meant his back, and threw the knife away “I was just panicking.”

Church told his barrister Paul Greaney QC he had no idea Mr Hirst had also suffered serious injuries to his neck and was shocked to learn later that night that he had died.

“I can only presume it happened when he picked up the knife, in the struggle.”

He said he never intended to cause Mr Hirst any harm, he had been friends with him for several years before they drifted apart.

“Did you at any stage intend to kill Joshua Hirst,” asked Mr Greaney. “No,” replied Church.

“Or intend to cause him serious harm” asked Mr Greaney. “No,” said Church.

He agreed later that night he, Smith and a another man had disposed of bloodstained clothes. “At that stage it seemed a good idea.”

Church, 21 of Redlands Close, Mirfield, Smith, 19 of Saville Street, Emley and Nadeem Rashid, 21 of Lapwing View, Horbury each deny the murder of Mr Hirst, 20 of Grove Street, Mirfield and possessing an offensive weapon.

Under cross-examination by Peter Joyce QC, defending Smith, he agreed Smith would not have known he had the knife with him.

He claimed Rashid was driving them around when Smith suddenly told him to stop and got out. Church said he followed him and asked what was happening and Smith said he had to speak to someone.

When he saw Mr Hirst he realised that was who it was, He accepted Smith had told him to wait nearby.

Said Mr Joyce: “If you had, none of this would have happened would it?”

The trial continues.