Ashley Malcolm, 40, is accused of murdering John Burke, 86, who died on September 30, 2025, the day after he was attacked during a burglary at his home in Hackney, east London. The Old Bailey heard that the incident occurred in the early hours of September 29, 2025.
Mukul Chawla KC, opening the trial, stated that Malcolm had broken into two homes and attempted to force his way into a third on the same day, reacting violently when confronted. The prosecution alleges that during the first burglary at Mr. Burke's flat, Malcolm violently assaulted the pensioner by headbutting him in the face. "As a result of that cowardly assault, Mr. Burke died in hospital on September 30 2025 in circumstances you may think are deeply unfortunate," Chawla told the court.
Mr. Burke, who suffered from conditions including dementia and was in poor health, lived with his 91-year-old wife, Peggy. The burglary began shortly before midnight. Malcolm allegedly remained in the flat for about an hour and a half, leaving with a wheeled shopping trolley bag. He reportedly returned at 2:45 a.m., spent another 20 minutes inside, and left with a box under his arm.
CCTV footage reportedly tracked Malcolm to a residential care home in Hackney, which he entered at 6:25 a.m. There, he was confronted by a support worker and allegedly ran towards him, making "loud groaning noises" and reaching for his waistband. Shortly after 6:55 a.m., Malcolm attempted to burgle a flat in nearby Stamford Hill, trying to force entry with a screwdriver. He was challenged by a female occupant and allegedly acted violently towards her and her husband when confronted.
Following the alleged assault, Mr. Burke was able to provide accounts of the incident to a nurse, paramedics, police, and family members. Evidence in the case includes CCTV footage, police body-worn video, forensic investigations, a post-mortem examination of Mr. Burke's body, and CT scans of his head.
Malcolm, who resides in Hackney, has admitted to burgling Mr. Burke's home and taking items including food and medication, as well as another burglary and an attempted burglary. He has pleaded not guilty to the murder and manslaughter of Mr. Burke and to assaulting the male occupant of the Stamford Hill flat with intent to cause actual bodily harm. The trial is ongoing.