Ashley Malcolm, 40, is accused of murdering 86-year-old John Burke, who died the day after he was headbutted during a night-time burglary at his home in Hackney, north London, the Old Bailey heard.
Prosecution details the assault
Opening the trial on Wednesday, prosecutor Mukul Chawla KC said Malcolm broke into two homes and tried to force his way into a third on September 29, 2025. During the first burglary, he violently assaulted Mr Burke, headbutting him in the face. Mr Chawla described it as a "cowardly assault" that led to Mr Burke's death in hospital on September 30.
Mr Burke, who had dementia and other health conditions, lived with his 91-year-old wife Peggy in a flat on Fountayne Road. Malcolm entered the flat shortly before midnight and stayed for an hour and a half, leaving with a wheeled shopping trolley bag. He returned at 2:45am, spent another 20 minutes inside, and left with a box under his arm.
Subsequent burglaries and violence
CCTV tracked Malcolm to a residential care home in Hackney, which he burgled at 6:25am. A support worker confronted him, and Malcolm reacted by running toward him, making loud groaning noises and reaching for his waistband. Just after 6:55am, he attempted to burgle a flat in Stamford Hill, using a screwdriver to force entry. The female occupant, clad only in a towel, challenged him, and Malcolm screamed threats to kill her. Her husband came downstairs with a bicycle pump, and Malcolm allegedly took it, attacked him, and punched him on the ground.
Discovery of Mr Burke's injuries
Later that morning, a healthcare worker visited Mr Burke's flat and found a broken window and a messy kitchen. Mr Burke told her, "He attacked me. He beat me up last night around 11pm, a 6ft-tall man. He used to be one of the caretakers." Paramedics arrived, and Mr Burke said he was headbutted by two men but was too afraid to leave his bedroom to call 999. His wife said she slept through the incident.
Mr Burke was taken to Homerton Hospital, where tests were conducted, and he was discharged at 2:35pm. The next morning, his son found him unconscious on the floor. A CT scan revealed a bleed on the brain, multiple bruises, and a broken nose that had been missed. A consultant confirmed a "devastating and irreversible injury to the brain," and Mr Burke could not be saved.
Arrest and denial
Police arrested Malcolm on October 1, 2025, on suspicion of murder. He allegedly responded, "I didn't do no murder." Malcolm, of Hackney, has admitted burgling Mr Burke's home, stealing food and medication, and also admitted another burglary and an attempted burglary. He denies murder, manslaughter, and assault occasioning actual bodily harm to the male occupant of the flat he tried to burgle.
The trial continues at the Old Bailey.
