John Burke died the day after the burglary (Image: Metropolitan Police)
A “cowardly” burglar headbutted and killed a frail pensioner during a night-time raid on his home, a court has heard.
Ashley Malcolm, 40, stands accused of murdering 86 year old John Burke, who passed away the day after he was assaulted at his home in Hackney, north London, in the early hours of September 29 2025.
On that same day, Malcolm broke into two properties and attempted to force his way into a third, reacting “violently” when confronted, the Old Bailey was told.
Opening his trial on Wednesday, Mukul Chawla KC stated that during the course of the first burglary, the defendant violently attacked Mr Burke, headbutting him in the face.
The prosecutor 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 of the attack, Mr Burke had been in poor health and suffered from a number of conditions including dementia, the court was told.
He resided in a flat in Fountayne Road alongside his 91 year old wife Peggy, both of whom were present when Malcolm broke in, jurors heard.
The burglary commenced shortly before midnight, with Malcolm remaining inside the flat for an hour-and-a-half before departing with a wheeled shopping trolley bag taken from the property.
He returned at 2.45am, having deposited the contents of the trolley bag at another address, and spent a further 20 minutes inside the flat before leaving with a box tucked 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.”
Jurors were informed that Malcolm was tracked on CCTV and went on to burgle a residential care home in Hackney, which he entered 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, it was claimed.
Shortly after 6.55am, Malcolm proceeded to attempt to break into a flat in the nearby area of Stamford Hill.
He endeavoured to force entry using a screwdriver but was unsuccessful. He was subsequently challenged by the female occupant, who was wearing nothing but a towel, the court was told.
“Again, you will hear he acted violently towards her and her husband when confronted”, Mr Chawla said.
The prosecutor outlined how the woman had been in the shower when she became aware of scratching sounds at the rear of the property.
As she attempted to keep the door shut, the intruder screamed and threatened to kill her, jurors were told.
Her husband rushed downstairs armed with a bicycle pump and shouted: “If you come back to my house, you will see what will happen”, to which Malcolm allegedly replied: “I rob you before, p*ssyhole.”
Malcolm then seized the bicycle pump and used it to assault the man before punching him while he was on the ground, it was alleged.
The Old Bailey in London (Image: Getty)
Later that morning, a healthcare worker visiting Mr Burke’s flat noticed a broken window and the kitchen in a state of disarray, jurors heard. She discovered 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.”
Upon the arrival of paramedics, Mr Burke stated he had been headbutted by two men but had been too frightened to leave his bedroom to dial 999, instead waiting for his carer to turn up.
Mrs Burke, jurors heard, had slept through the entire ordeal.
Prior to being taken to Homerton Hospital by ambulance, Mr Burke informed his grandson that his eye was causing him pain, adding: “He gave me a real smack on the eye,” the court was told.
Following tests at the hospital, Mr Burke was permitted to return home and discharged at 2.35pm.
The next morning, his son discovered him unconscious on his bedroom floor, and an ambulance crew concluded he had suffered a bleed on the brain, the court heard.
A CT scan confirmed the brain injury, multiple areas of bruising and a broken nose, which had gone undetected the previous day, jurors heard.
A consultant confirmed Mr Burke had suffered a “devastating and irreversible injury to the brain” and could not be saved.
Following his death, further evidence was gathered from CCTV cameras, police body-worn video, forensic investigations, post-mortem examinations on Mr Burke’s body and CT scans of his head.
On October 1 2025, police officers spotted Malcolm and arrested him on suspicion of murder.
The defendant allegedly responded: “I didn’t do no murder.”
Jurors were informed that Malcolm had 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 both the murder and manslaughter of Mr Burke, as well as assault inflicting actual bodily harm upon the male occupant of the flat he attempted to break into.
The Old Bailey trial continues.