Man found guilty after retrial over fatal Melbourne service station attack
Updated . First published at
A jury has found a man guilty of manslaughter for a second time over his unprovoked attack of a 73-year-old man at a service station.
Troy Maskell, 47, faced a retrial in Melbourne's Supreme Court after successfully appealing his conviction last year.
He was accused of John Burke's manslaughter at a Strathmerton service station, northern Victoria, in 2021.
READ MORE: Outbreak of highly infectious disease grows in Aussie city
Troy Maskell, 47, faced a retrial in Melbourne's Supreme Court after successfully appealing his conviction last year. AAP Image / James Ross
READ MORE: Men chased through backyards after alleged school pick-up carjacking fail
Burke, 73, lived alone at the back of the town's post office and would often pop into the service station to chat with the attendant.
Maskell was intoxicated on August 8, 2021, when he walked into the store around midnight with his partner and daughter, whom Burke greeted as he chatted to staff.
Maskell's partner called Burke a pedophile, before Maskell picked up a one-litre bottle of sports drink and threw it into Burke's head.
READ MORE: Incoming blow to Aussie households 'inevitable' after hot inflation
John Burke lived alone at the back of the town's post office and would often pop into the service station to chat with the attendant. Supplied
READ MORE: Uber driver stabbed, beaten metres from home in Melbourne's south-west
The jury was told the unprovoked attack continued, as Maskell walked over to Burke and kicked him as he lay on a tiled floor.
Burke died in hospital 11 weeks later from a brain injury.
Jurors took less than a day deliberating and returned with their "guilty" verdict for manslaughter this afternoon.
Justice James Elliott thanked jurors for their "very diligent" service as he sent them home.
"Please take Mr Maskell away," he told custody officers.
Maskell will return to the Supreme Court tomorrow for a pre-sentence hearing.
He was jailed for eight years in 2023, with a non-parole period of five, after being found guilty of manslaughter in his first trial over Burke's death.
However, Maskell successfully appealed this convictions with three Victorian Court of Appeal judges ordering he face a fresh trial in July 2025.
His conviction was set after the judges found there had been a substantial miscarriage of justice.
NEVER MISS A STORY: Get your breaking news and exclusive stories first by following us across all platforms.
- Download the 9NEWS App here via Apple and Google Play
- Make 9News your preferred source on Google by ticking this box here
- Sign up to our breaking newsletter here
Share a tip-off, video or photo with us
