The empty packaging for a cottage pie and takeaway sausage and chips that were bought by 87-year-old Irishman John Mackey on the day of his death in London were later found in the bedroom of the man accused of his robbery and killing, a court heard.
The prosecution barrister in the case against Peter Augustine (59) told his trial at the Old Bailey on Monday that it appeared the food stolen from the elderly Kilkenny man had been eaten before the empty containers were found in the defendant’s possession.
Earlier on Monday, the opening of the trial was also disrupted after the defendant became visibly agitated. At one point Mr Augustine turned in the direction of the victim’s family in the courtroom with arms outstretched and shouted: “I never hit the gentleman. I took the bag and ran. If I did it I’d put my hand up – it’s the way I was brought up.”
Judge Sarah Whitehouse then instructed the jury to leave the courtroom as Mr Augustine, who has pleaded not guilty to murder and robbery, continued to shout. The defendant then swore before leaving the dock and heading towards the cells with court staff.
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Shortly afterwards, the jury returned and the prosecution barrister, Jane Bickerstaff, continued with her opening statement.
Mr Augustine returned to the dock after about 15 minutes, before later leaving again and walking towards the cells as the trial continued in his absence.
Mr Augustine’s trial is scheduled to last for up to four weeks. He is accused of robbing and beating the frail Mr Mackey in an alleyway near the Irishman’s north London home near Manor House, close to Finsbury Park. Mr Mackey died two days later from his injuries, which were caused by blunt force trauma to his head and chest.
Ms Bickerstaff opened the prosecution’s case by describing the alleged events of the day in question. She said Mr Mackey, who was originally from Callan in Kilkenny, lived alone. He was not married and did not have children. Ms Bickerstaff said he did not need a carer but was supported by family members. Four of his nieces and nephews were in the Old Bailey for the opening of the trial.
The prosecution described how a witness, Rebecca O’Connell, allegedly saw Mr Mackey lying on the ground in the walkway at the time he was attacked. The witness would say she heard a man shout “give me the bag” and he stood over Mr Mackey, before walking off.
Ms O’Connell found Mr Mackey unconscious and bleeding from his head. He briefly regained consciousness when police and paramedics arrived, but could not give a coherent account of what happened. He died two days later.
Ms Bickerstaff described how earlier on May 6th, Mr Mackey had left his home and gone to his local Co-Op shop in the Manor House area, where he bought the cottage pie, cornflakes and the Daily Mirror newspaper. Shortly after 5.30pm, he also went to Manor Kebab fast food outlet, where he bought the sausage and chips. He headed for home.
She said CCTV allegedly showed Mr Augustine following Mr Mackey into the alleyway. Mr Augustine was homeless and living in “reduced circumstances,” she said, and was living in a hotel nearby that was paid for by his sister for a few days at a time.
The prosecution said the alleged attack on Mr Mackey in the alleyway was not captured on CCTV, but that the rest of his movements, and the alleged movements of Mr Augustine, were all captured on camera. She alleged that cameras showed that he followed Mr Mackey into the alley where there was a CCTV blindspot.
Ms Bickerstaff said two other witnesses nearby saw a man violently kicking, beating and stomping on Mr Mackey when he was on the ground in the walkway, before appearing to rummage about his person.
Augustine was arrested on May 8th in the hotel where the cottage pie and takeaway containers were found in his room. When he was charged with murder, he is said to have responded “I ain’t killed nobody mate.”
The prosecution said Mr Augustine told police that he had not followed Mr Mackey and came across him on the ground, where he all he did was tap the Irishman’s leg and say “alright guv”. He told police that he thought Mr Mackey was drunk and walked away, but admitted taking his bag that he said he found lying on the side of the road.
Ms Bickerstaff told the jury that in an earlier court bail hearing on May 13th, Mr Augustine had also shouted from the dock. She said he shouted: “I don’t want bail because I know what I did. I don’t want bail because I am guilty.”
“The prosecution says that is a clear confession,” said Ms Bickerstaff.
Meanwhile, members of Mr Mackey’s family became upset in the courtroom when the prosecution barrister gave a detailed account of the injuries found on Mr Mackey’s body.
The case continues on Tuesday, when Mr Augustine’s defence barrister is expected to make an opening statement to the jury.
