HomeAUMan Convicted in Retrial for Deadly Melbourne Service Station Assault

Man Convicted in Retrial for Deadly Melbourne Service Station Assault

Share and Follow

A jury has once again found a man guilty of manslaughter following a brutal and unprovoked attack on a 73-year-old man at a service station. The incident, which shocked the local community, has resulted in justice being served for the victim.

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.
Troy Maskell, 47, faced a retrial in Melbourne's Supreme Court after successfully appealing his conviction last year.
Troy Maskell, 47, faced a retrial in Melbourne’s Supreme Court after successfully appealing his conviction last year. (AAP Image / James Ross)

The unfortunate series of events unfolded on August 8, 2021, when Burke, a well-known local who lived alone behind the town’s post office, stopped by the service station. He was a familiar face there, often visiting to exchange pleasantries with the staff.

On that night, Maskell entered the store in an intoxicated state, accompanied by his partner and daughter. As Burke greeted them and engaged in conversation with the employees, tension unexpectedly escalated.

Without warning, Maskell’s partner made a baseless accusation, labeling Burke a pedophile. The situation quickly deteriorated as Maskell grabbed a one-litre sports drink bottle and hurled it at Burke’s head, striking him with force.

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.
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)

The assault didn’t end there. The jury heard that Maskell proceeded to approach Burke, who was now defenseless on the tiled floor, and delivered a brutal kick, prolonging the attack. This senseless act of violence has now led to Maskell’s conviction, bringing a measure of justice to the tragic incident.

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.

Share and Follow