A jury has retired to consider its verdict in the case of a man accused of murdering and robbing 87-year-old Irishman John Mackey in London.
The jury in the Old Bailey trial of Peter Augustine (59) was sent out to deliberate at 12.45pm following a near two-week trial that his defence barrister described as “unforgettable”.
Mr Augustine made repeated outbursts in courtroom on the days that he attended the trial. He also shouted and became highly agitated and emotional while in the witness box giving evidence.
Mr Augustine denies the murder and robbery on May 6th last in north London of Mr Mackey, who died two days later from serious injuries that the court heard were consistent with him being punched and stamped upon.
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The defendant, who was captured on CCTV tailing the frail Irishman into a secluded walkway, has admitted taking Mr Mackey’s bag, which contained his sausage and chips takeaway. But he claims he never used force and denied assaulting him.
When police arrested the homeless Mr Augustine on May 8th at the budget hotel where he had been staying, they found the empty packaging from Mr Mackey’s food.
The defendant told the court he had been hungry and went looking for food in bins.
Prosecution lawyers questioned Mr Augustine about his history of violent offences, including elbowing his former girlfriend in the face and another incident where he “smacked” a friend in the face in a row over dirty laundry.
Mr Augustine shouted at the prosecution barrister, Jane Bickerstaff, and told her she was “stupid”. He was eventually told to leave the witness box and was excluded from the court following a direction by Judge Sarah Whitehouse.
His defence barrister, Jenni Dempster, acknowledged the trial was “challenging” for everyone involved. She said her client “may appear to be erratic”, but the jury must not make any findings based on “emotion”.
Mr Mackey, originally from Callan, Co Kilkenny, moved to Britain in the late 1950s. He lived in Manor House, London.
He never married and lived alone without the need for a carer, but with the support of a wide network of nieces and nephews.
He was known by his family and friends as a good-humoured, popular character. His funeral was held in Kilkenny in June.
