CCTV footage played in an Old Bailey courtroom on Tuesday showed the man accused of robbing and killing Irishman John Mackey (87) walking closely behind him into a secluded London walkway, before emerging two minutes later with his bag, the prosecution alleged.
Peter Augustine (59) denies the murder and robbery in May of Mr Mackey, who emigrated in the 1950s from Callan in Kilkenny to London, where he lived alone.
The accused has admitted taking the Irishman’s bag, which he said he found on the side of the road, but denies causing the injuries that Mr Mackey is said to have sustained in an attack in the walkway yards from his flat. He had gone out to buy sausage and chips.
Mr Augustine, who was removed from the courtroom on Monday after shouting and causing a disruption, was not present on Tuesday for the second day of his trial. Judge Sarah Whitehouse told the jury of seven women and five men that they “must not speculate” about the accused’s absence as it was “not evidence against him”.
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The trial went ahead in Mr Augustine’s absence, focusing on CCTV footage of Mr Mackey’s final movements on May 6th this year, the day he was attacked. He died two days later.
The CCTV covering an area near Finsbury Park in north London also tracked Mr Augustine, who was unemployed and homeless at the time and staying at a nearby budget hotel.
Prosecutors alleged the CCTV showed Mr Augustine loitering outside a takeaway while Mr Mackey was inside buying his dinner, before walking closely behind him as he went home. The judge said it was for the jury to decide if the accused was “following” him.
The alleged attack on Mr Mackey was not captured on camera, as the secluded walkway where he was injured was a CCTV black spot.
The prosecution called as its first witness Det Constable Gemma Bristow, who had reviewed all of the CCTV collected by police.
Footage played in court showed Mr Mackey, who was frail and walked with the aid of a stick, soon after leaving his home near Kayani Avenue at about 4.34pm. He was wearing a distinctive trilby hat and buttoned-up trench coat. He had a black holdall bag.
He walked alone for 12 minutes to a nearby Co-Op shop, where he was shown at 5.24pm buying cornflakes, a newspaper and a store own-brand cottage pie after spending a period of time browsing the aisles. He took his time leaving the shop, before walking to a nearby crossroads at about 5.33pm.
Prosecutors said the footage showed Mr Augustine, who was not known to the victim, happening upon the scene at about this time. The accused is seen crossing the road and walking after Mr Mackey, who entered the nearby Manor House Kebab shop.
CCTV, the prosecutors said, showed Mr Augustine hanging around outside leaning on railings and “seeming” to be on the phone. Prosecution barrister Alex Agbamu said evidence would show that “no actual calls” were made.
Footage showed the accused walking close behind the elderly Irishman as he made his way home. Mr Augustine entered the secluded walkway shortly after Mr Mackey at 5.51pm.
The Irishman never made it to the other side. CCTV then showed Mr Augustine retracing his steps back out of the walkway one minute and 48 seconds later.
Witnesses said they saw a man beating Mr Mackey in the walkway, while one heard a man shout “give me the bag”. Witnesses can be seen on CCTV moving towards the Irishman as he lay bleeding on the ground.
Meanwhile, cameras tracked the accused all the way back to his hotel, where he arrived at 6.22pm carrying a black bag similar to Mr Mackey’s. Police later found in Mr Augustine’s room empty packaging for a takeaway and a Co-Op cottage pie, which had both been eaten.
The case continues at the Old Bailey.
