An elderly regional postmaster died after a drunken and “shameful” service station attack, a court has been told.
Troy Matthew Maskell, 44, is facing trial before the Victorian Supreme Court after pleading not guilty to the manslaughter of John Burke, 73.
On Thursday, crown prosecutor Stephanie Clancy outlined the alleged circumstances which led to Mr Burke’s death on October 28, 2021.
She told the jury Mr Burke spent almost three months in hospital after he was attacked by Mr Maskell at a Shell service station on the Murray Valley Hwy, near Strathmerton, on August 8.
His condition had deteriorated and he was “unable to communicate in any meaningful way”, before he was placed in end of life care on October 15, Ms Clancy said.
She said Mr Burke, who lived alone behind the Strathmerton post office, would regularly attend the service station to chat with the attendants.
Shortly before 1am on August 8, he was standing in the store when Mr Maskell, his partner and their daughter arrived.
Mr Maskell’s partner allegedly began abusing Mr Burke, calling him a “paedophile” and accusing him of looking at her daughter, an allegation Ms Clancy said was “entirely unfounded”.
Ms Clancy said the prosecution would allege Mr Maskell joined the verbal confrontation, before throwing a 1L Maximus Isotonic sports drink at the elderly man’s head.
It is alleged Mr Burke collapsed to the floor, and was kicked by Mr Maskell to the right hip as he tried to regain balance.
In her opening address, Mr Maskell’s barrister Julia Munster said there was no dispute that her client attacked Mr Burke in the way described.
“From all accounts, he lived a rich life connected to his community and family,” she said.
“It is undeniably sad … there is no justification for those acts, they were shameful.”
She said the “two fundamental issues” in dispute was whether the assault was objectively dangerous, and whether it led to Mr Burke’s death.
“His actions, while shameful, stupid, unlawful and whatever else you might want to call them, did not cause Mr Burke’s death,” Ms Munster said.
Ms Clancy said the accused man was identified and arrested later the same day, allegedly telling police the night’s events were “very blurry” because he had drunk a lot.
She said the prosecution would argue a reasonable person would know Mr Maskell’s actions were dangerous.
“The case is that a reasonable person, in the accused’s position, would have realised throwing a 1L bottle and then kicking them on a hard tile floor would expose Mr Burke to a risk of serious injury,” Ms Clancy said.
“The prosecution‘s case is that the accused’s acts were a substantial or significant cause of his death.”
Two members of Mr Burke’s family were present in court, wiping away tears as CCTV of the assault was played to the jury.
The two-week trial, before Justice Lex Lasry, continues.