Shocking CCTV footage has been released of the chilling moment an elderly postal worker was assaulted at a gas station after being falsely accused of being a pedophile.
The death in hospital of veteran postal worker John Burke is said to have resulted from the attack on a petrol station in Strathmerton in Victoria’s Goulburn Valley nearly three months earlier, a jury has said.
A trial began this week in the Victorian Supreme Court after Troy Maskell, 44, pleaded not guilty to manslaughter following the death of Mr Burke.
Crown Prosecutor Stephanie Clancy outlined the case, saying Mr Burke lived alone behind the Strathmerton Post Office and often went to the local petrol station at odd times for a meal and a chat with the friendly servants.
She said that during one of these regular visits, the postal worker had an “embarrassing” fit after being falsely accused of being a pedophile.
The jury was told that Mr Burke, 74, died nearly 150 miles away in Melbourne on October 26, 2021, after his condition deteriorated during an 11-week hospital stay.
Gas station CCTV captured the moment when Troy Maskell, 44, (left) threw a one-litre sports bottle at John Burke’s head
His lawyers told the jury there was no dispute that Maskell injured the 74-year-old two years ago on August 8, but argued that the attack did not cause his death.
“His actions, as shameful, stupid, illegal and whatever you want to call them, did not lead to Mr. Burke’s death,” said lawyer Julia Munster.
The jury was told that Mr. Burke had visited the Strathmerton gas station around 12:40 pm and chatted inside with valet Brenton North for about 10 minutes before a white ute pulled up outside.
A short time later, Mr Maskell’s partner, Fiona Taylor, entered the shop with the couple’s 10-year-old daughter.
Mr North told the court that Ms Taylor was behaving erratically and that he wanted to ‘serve them as quickly as possible and get them out of the shop’.
The incident occurred at Strathmerton Shell petrol station in Victoria’s Goulburn Valley
When Mr. Burke greeted the young girl, smiled and said something like; ‘how are you’, Mrs. Taylor accused him of being a pedophile.
“She said he was looking at the girl, John just seemed shocked by it all,” said Mr. North.
When Maskell entered the shop, Mr. North said he had asked Mr. Burke, “Do we have a problem here?”
He told the court that Mr. Burke replied, “No, we don’t have a problem.”
Captured on CCTV cameras, a few seconds later, Mr. Maskell grabbed a one-gallon bottle of Maximus Isotonic sports drink and threw it at Mr. Burke’s head.
The throw was followed by a kick to Mr. Burke’s hip, knocking the older man to the hard tile floor.
Mr. North said that after the family left, he went to check on Mr. Burke, who was conscious but in pain.
Troy Maskell (center) goes on trial after pleading not guilty to manslaughter
Senior Constable Nicole Sooriarachchi, who gave evidence for the jury, said she arrived around 1:30 a.m. after receiving a distress message.
She told the court that Mr. Burke was alert and jovial, but complained of pain in his hip and that she noticed blood rushing into his left ear.
He was taken by ambulance to Goulburn Valley Health in Shepparton, where doctors discovered he had suffered a subdural hematoma on the left side of his brain and a fractured pelvis.
He was transferred to Melbourne later that morning, where his condition worsened days later when staff noticed the hematoma was enlarging and he had suffered another stroke.
The veteran’s condition quickly deteriorated after the attack, which began with pain in his hip and blood pooling in his left ear, which was caused by a subdural hematoma.
Strathmerton postmaster John Burke (pictured) is remembered for his ‘great service to the community’
Prosecutors, led by Stephanie Clancy, said the crown would argue Mr Maskell’s assault was a ‘substantial or significant’ cause of Mr Burke’s death.
She said the prosecution would argue that a reasonable person would know that Mr Maskell’s actions were dangerous.
Ms Munster said the ‘two fundamental issues’ in the trial were whether the attack was objectively dangerous and whether it caused Mr Burke’s death.
“The real question is whether Maskell is responsible for the death,” she said.
“The defense case is that those acts were objectively not dangerous.”
The process continues.