Jury find Troy Maskell responsible for death of John Burke following service station attack

The sister of a country postmaster killed in a random attack with a sports drink says her brother can now rest after “justice has been done”.

The sister of a country postmaster who died after a brutal service station attack says her brother can “now rest” after a jury found his killer responsible for the death.

Troy Maskell, 44, had been facing trial accused of causing the death of postmaster John Burke, 73, almost three months after an assault on August 8, 2021.

On Monday, jurors returned before the Victorian Supreme Court after indicating they had reached a verdict following about eight hours of deliberation.

The foreperson, a young man wearing a light blue collared shirt, told the court the jury of 12 had reached a unanimous verdict of guilty on a charge of manslaughter.

Maskell reacted with a slight nod, his eyes fixed forward, as Mr Burke’s sister, Suzanne, energetically reacted, leaning forward with her hands in prayer position.

CCTV captured the moment John Burke was attacked by Troy Makell at a service station in Strathmerton on August 8, 2021. Picture: Supreme Court of Victoria/ Victoria Police.

Over the course of the trial, the jury was told Maskell accepted his “shameful” attack on Mr Burke which occurred after his then-partner, Fiona Taylor, falsely accused the elderly man of being a paedophile.

The couple had stopped at a Shell service station in Strathmerton, a country town in Victoria’s north, with their 10-year-old daughter about 12.50am.

Mr Burke, who would often go into the service station at odd hours for a meal and chat with the attendants, smiled at the young girl and said something like; “how are youse”, before Ms Taylor confronted him.

Captured on CCTV cameras, Mr Maskell picked up a 1L bottle of Maximus Isotonic sports drink and threw it at the father-of-three’s head.

The throw was followed by a kick to Mr Burke’s hip, which caused the elderly man to fall to the hard tile floor.

Hours after the attack, in hospital, medical staff identified a subdural haematoma, or brain bleed, on the left side of Mr Burke’s brain.

His condition deteriorated and, following the discovery of a blood clot in his lung which led to complications, his family were forced to make the difficult decision to end treatment.

Mr Burke was in palliative care on October 16 and died 10 days later.

John Burke served as the Strathmerton postmaster for 45 years and was a highly regarded member of the community. Picture: Supplied.

The jury were told there was no suggestion his medical treatment was “anything other than optimum”, with prosecutors arguing the attack was a “substantial and significant” cause of his death.

“While Mr Burke had underlying health conditions that made him more susceptible to death … a killing is no less of a crime if the victim was vulnerable,” crown prosecutor Stephanie Clancy said.

“Everything that happened in the lead up to Mr Burke’s death was a consequence of the assault in the petrol station on August 8.”

In her closing address, Maskell’s barrister Julie Munster had argued the “temporal link” between the assault and Mr Burke’s death could have been a coincidence.

A jury has found Troy Maskell guilty of Mr Burke’s manslaughter. Picture: NCA NewsWire / Luis Enrique Ascui

She pointed to medical evidence of Mr Burke’s “life-threatening” underlying health conditions, most notably cerebral amyloid angiopathy which increases the risk of brain bleeds forming spontaneously.

“You know he assaulted Mr Burke … Our submission is that Mr Maskell did not cause the brain injuries and so did not cause Mr Burke’s death,” she said.

Two conflicting explanations of Mr Burke’s death from medical experts were provided to the jury, with the prosecution's expert, Dr Yeliena Baber, finding he died from intracranial haemorrhages caused by blunt force trauma.

This finding was challenged by a defence witness, forensic pathologist Professor Johan Duflou, who said he could not determine a mechanism for the bleeding.

He suggested it was possible Mr Burke’s death occurred independent of the assault.

Justice Lex Lasry thanked the jury for their contribution to the justice system and committed service throughout the trial.

Suzanne Hogg said she was “exceptionally relieved” Maskell was found guilty. Picture NCA NewsWire / Aaron Francis

Outside court, Mr Burke’s sister, Suzanne Hogg, said she was “exceptionally relieved” to hear the jury’s verdict.

“John didn’t do anything, John was innocent ... there was nothing to be guilty of — John was just looking in the bain marie, no one deserves that,” she said.

She said Mr Burke had been postmaster for Strathmerton for 45 years after taking over from their father, and loved his community.

“The community, like i am, will be so relieved and so grateful just so, so grateful,” she said.

“Justice has been done.”

Mr Maskell will return to court in November for a pre-sentence hearing.

Originally published as Jury find Troy Maskell responsible for death of John Burke following service station attack