The pensioner died the day after his London home was broken into in the middle of the night as the burglar denies attacking the 86-year-old in murder trial
A dementia-suffering pensioner died after a ‘cowardly’ burglar allegedly headbutted him in a horror nighttime break in on his London home.
Ashley Malcolm, 40, is accused of murdering John Burke, 86, who died the day after the incident in Hackney, east London , in the early hours of September 29 2025.
The Old Bailey was told that on that day Malcom had broken into two homes and attempted to force his way into another, reacting ‘violently’ when challenged.
Mukul Chawla KC said in court on Wednesday that Mr Burke was assaulted in the first home the 40-year-old broke into.
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.”
The court hear that at the time Mr Burke suffered from a number of conditions, including dementia.
He lived in a flat in Fountayne Road with his 91-year-old wife Peggy, both of whom were at home at the time of the burglary.
Malcolm entered the flat shortly before midnight, and stayed inside for an hour and a half before leaving with a shopping trolley of goods.
At 2.45am, after leaving the contents of the trolley at another address he spent a further 20 minutes inside the home before leaving with a box.
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.”
CCTV footage tracked Malcom proceeding to break into a residential care home in Hackney at 6.25am.
When confronted by a support worker he ran towards him, making “loud groaning noises” and allegedly reached towards his waistband for something.
Half an hour later at 6.55am, he went on to attempt to burgle a flat in nearby Stamford Hill.
He unsuccessfully tried to force entry with a screwdriver – a female resident wearing just a towel challenged him to which he reacted violently.
Mr Chawla said: “Again, you will hear he acted violently towards her and her husband when confronted.”
The prosecutor described how the woman had been in the shower when she was alerted to scratching at the rear of the property.
As she tried to hold the door shut, the prowler screamed and threatened to kill her, jurors heard.
Her husband ran 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.”
The court heard Malcolm then took the bicycle pump and attacked the man with it before punching him on the ground.
After the alleged assault, Mr Burke gave a number of accounts about the burglary to a nurse who came to his home, paramedics, police and family members, the court heard.
When a healthcare worker visited the flat later that morning she noticed a window was broken and the kitchen in a messy state, and Burke told her he had been “beaten up” and “attacked”.
When paramedics arrived the 86-year-old said he had been headbutted by two men but was too afraid to leave his bedroom to call 999.
He was discharged from hospital after tests but the following morning his son found him unconscious on the floor of his bedroom and an ambulance crew formed the view he had a bleed on the brain, the court heard.
Evidence has been gathered from CCTV cameras, police body-worn video, forensics, post-mortem examinations on Mr Burke’s body and CT scans of his head.
Malcolm denies 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, has admitted burgling Mr Burke’s home of various items including food and medication, another burglary and attempted burglary.
He has denied the murder and manslaughter of Mr Burke and assault inflicting actual bodily harm to the male occupant of the flat he tried to break into.
The trial continues.
