Ashley Malcolm, 40, is accused of murdering 86-year-old John Burke, who died the day after being attacked in his home in Hackney, north London. The incident occurred early on September 29, 2025. Malcolm has admitted burglary but denies murder and manslaughter.
Details of the attack
Prosecutor Mukul Chawla KC told the Old Bailey that Malcolm broke into two homes and attempted a third, reacting violently when challenged. During the first burglary, Malcolm assaulted Mr Burke by headbutting him in the face. Mr Chawla described it as a "cowardly assault." Mr Burke died in hospital on September 30, 2025.
At the time, Mr Burke suffered from dementia and other health conditions. He lived with his 91-year-old wife Peggy in a flat on Fountayne Road. Both were home during the burglary.
Sequence of events
The burglary began shortly before midnight. Malcolm spent about 90 minutes inside the flat, leaving with a wheeled shopping trolley bag. He returned at 2:45 am after emptying the bag at another address, staying another 20 minutes before leaving with a box.
Mr Chawla questioned what gave Malcolm confidence to return, suggesting he did not expect to be disturbed. CCTV tracked Malcolm to a residential care home in Hackney, which he burgled at 6:25 am. A support worker confronted him, and Malcolm allegedly made loud groaning noises and reached for his waistband.
At 6:55 am, Malcolm attempted to burgle a flat in Stamford Hill using a screwdriver. A female occupant in a towel challenged him. Mr Chawla said Malcolm acted violently toward her and her husband. The woman heard scratching at the rear of the property while showering. As she held the door shut, the intruder screamed and threatened to kill her. Her husband came 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, pussyhole." He then took the pump and attacked the man, punching him on the ground.
Discovery and aftermath
Later that morning, a healthcare worker visited Mr Burke's flat, finding a broken window and messy kitchen. She found Mr Burke injured, who said, "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 afraid to leave his bedroom to call 999. His wife slept through the incident.
Mr Burke was taken to Homerton Hospital, where tests were performed. He was discharged at 2:35 pm. The next morning, his son found him unconscious on the bedroom floor. An ambulance crew suspected a brain bleed. A CT scan confirmed a brain injury, multiple bruises, and a broken nose that had been missed earlier. A consultant described a "devastating and irreversible injury to the brain." Mr Burke could not be saved.
Arrest and trial
Evidence gathered included CCTV, police body-worn video, forensic investigations, post-mortem examinations, and CT scans. On October 1, 2025, police arrested Malcolm on suspicion of murder. He allegedly responded, "I didn’t do no murder." Malcolm denied assaulting Mr Burke.
Mr Chawla said, "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, admitted burgling Mr Burke's home (taking food and medication), another burglary, and attempted burglary. He denies murder, manslaughter, and assault causing actual bodily harm to the male occupant of the flat he tried to break into. The trial continues at the Old Bailey.
