SHOCKING CCTV footage captured the moment an elderly postman was attacked in a petrol station after he was wrongfully accused of being a paedophile.
Aussie veteran John Burke's death in hospital three months later was a direct result of this attack, his lawyers allege.
This week, a Supreme Court trial began in Victoria, Australia over the death of the 74-year-old.
Troy Maskell, 44, pleaded not guilty to the manslaughter of Burke, whose condition reportedly deteriorated in his 11-week hospital stint following the attack.
Maskell's lawyers stated that there is no doubt he injured Burke, but argued he was not responsible for the victim's death.
Defence barrister Julia Munster said: "His actions, while shameful, stupid, unlawful and whatever else you might want to call them, did not cause Mr Burke’s death."
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However, Crown Prosecutor Stephanie Clancy argued that the attack was a "substantial or significant" cause of the postman's death.
The jury were told that Burke lived alone behind the post office and would often go to the local petrol station for a snack or a conversation with the staff.
During a regular visit on August 8, 2021, Clancy argued that he was the victim of a "shameful" attack after being falsely accused by Maskell of being a paedophile.
At around 12.40pm, Burke was seen chatting with an attendant at Strathmerton service station, Brenton North.
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Soon after, Maskell's wife, Fiona Taylor, and his 10-year-old daughter entered the shop and were said to be behaving strangely.
North told the jury that he "wanted to serve them and get them out the shop" as quickly as possible.
The witness said that Burke greeted the young girl and asked how she was when Taylor accused him of being a paedophile.
“She said he was looking at the girl, John just seemed shocked by it all,” North added.
He recounted that Maskell entered and asked if there was a problem to which Burke replied 'no'.
The rest of the encounter is captured on CCTV as a few seconds later, Maskell grabs a 1L sports drink bottle and lobs it at the elderly man's head.
The attacker then kicks Burke's hip and he falls to the floor in agony as Maskell continues to shout at him.
North told the court that as soon as the family left, he checked on the 74-year-old who was conscious but in pain.
An ambulance took Burke to a local hospital in pain and with blood pooling from his ear.
Doctors found he had suffered a fractured pelvis and subdural haematoma on the left side of his brain.
He was transferred to Melbourne Hospital, where doctors discovered his haematoma had increased in size.
Burke never left the hospital and died on October 26, 2021.
The prosecution are arguing that a reasonable person would know that Maskell's aggressive actions towards the pensioner were dangerous.
Meanwhile, Defence barrister Munster said there are "two fundamental issues in the trial".
She stated: “The real question is whether Mr Maskell is responsible for the death.
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“The defence's case is those acts were not objectively dangerous.”
The trial is ongoing.
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