Ashley Malcolm, 40, stands accused of murdering 86-year-old John Burke, who died the day after he was allegedly assaulted at his home in Hackney, north London, in the early hours of September 29 2025, the Old Bailey heard.
Details of the attack
Opening the trial on Wednesday, prosecutor Mukul Chawla KC said Malcolm broke into two properties and attempted to force his way into a third on the same day, reacting 'violently' when confronted. During the first burglary, the defendant allegedly headbutted Mr Burke in the face. Mr Chawla said: 'As a result of that cowardly assault, Mr Burke died in hospital on September 30 2025 in circumstances you may think are deeply unfortunate.'
At the time, Mr Burke was in poor health and suffered from dementia, the court was told. He lived with his 91-year-old wife Peggy in a flat on Fountayne Road, both of whom were present when Malcolm broke in.
Sequence of events
The burglary began shortly before midnight. Malcolm remained inside the flat for an hour and a half before leaving with a wheeled shopping trolley bag taken from the property. He returned at 2.45am, having deposited the contents at another address, and spent a further 20 minutes inside before leaving with a box under his arm. Mr Chawla said: 'What was it that gave him the confidence to return to that flat? Presumably, he wouldn't have done it if he was going to be disturbed.'
Malcolm was tracked on CCTV and later burgled a residential care home in Hackney at 6.25am. He was confronted by a support worker and allegedly reacted by charging towards him, making 'loud groaning noises' and reaching for something in his waistband.
Shortly after 6.55am, Malcolm attempted to break into a flat in Stamford Hill using a screwdriver but was unsuccessful. He was challenged by the female occupant, who was wearing only a towel. Mr Chawla said: 'Again, you will hear he acted violently towards her and her husband when confronted.' The woman had been in the shower when she heard scratching sounds. As she tried to keep the door shut, the intruder screamed and threatened to kill her. Her husband rushed downstairs with a bicycle pump and shouted: 'If you come back to my house, you will see what will happen.' Malcolm allegedly replied: 'I rob you before, p*ssyhole.' He then seized the pump and used it to assault the man before punching him while he was on the ground.
Discovery of the victim
Later that morning, a healthcare worker visiting Mr Burke's flat noticed a broken window and the kitchen in disarray. She found Mr Burke injured, and he allegedly told her: 'Oh thanks you're here. 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 had been headbutted by two men but was too frightened to leave his bedroom to call 999. Mrs Burke had slept through the entire ordeal.
Before being taken to Homerton Hospital, Mr Burke told his grandson his eye was causing him pain, adding: 'He gave me a real smack on the eye.' After tests, Mr Burke was discharged at 2.35pm. The next morning, his son found him unconscious on his bedroom floor. Paramedics determined he had suffered a bleed on the brain. A CT scan confirmed a brain injury, multiple bruises, and a broken nose that had gone undetected the previous day. A consultant confirmed a 'devastating and irreversible injury to the brain' and said he could not be saved.
Arrest and charges
Following Mr Burke's death, evidence was gathered from CCTV, police body-worn video, forensic investigations, a post-mortem examination, and CT scans. On October 1 2025, police arrested Malcolm on suspicion of murder. He allegedly responded: 'I didn't do no murder.' Malcolm has denied assaulting Mr Burke. Mr Chawla stated: 'The prosecution say that the defendant violently headbutted Mr Burke. You will have to consider the fact that such an assault was committed against an obviously frail and vulnerable man of advancing years in order to determine whether the violence used by the defendant was intended by him to cause Mr Burke at least really serious physical harm.'
Malcolm, of Hackney, east London, has admitted burgling Mr Burke's home of various items including food and medication, another burglary, and attempted burglary. He has denied murder, manslaughter, and assault occasioning actual bodily harm upon the male occupant of the flat he attempted to break into. The trial continues.
