Gay accountant killed with burger van knife, court hears

7:10am Thursday 23rd October 2008

By Court reporter

A man stole a kitchen knife from a burger van and plunged it into the back of a gay accountant in a public toilet, the Old Bailey heard.

Mark Malone, 30, denies murdering 50-year-old retired accountant Jeff Akers, from Wallington, at the toilets in Walton on February 19, this year.

On Monday the court heard that Mr Malone took an eight inch knife from a nearby burger van and attacked Mr Akers, stabbing him in the back so hard the blade entered up to the handle.

Mr Akers was found in his underpants with a blade embedded in his back after staggering from the toilets. He was airlifted to hospital but died from the wound.

The court heard that Mr Malone, from Walton, claims he was involved in a scuffle with Mr Akers after he made advances on him, in what is a well known gay cruising area.

Prosecution barrister Ann Cotcher described the attack as ferocious and unprovoked with the only possible motive being homophobia.

She told the jury the dispute was not that he caused the fatal blow, but whether it was deliberate.

Charles Hoeseason told the court he stopped to use the toilets as he drove from Hampton Hill to Guildford and was aware of two people in there.

“I went into the second cubicle and was there for a matter of minutes,” Mr Hoeseason told the court. “Then there was a male voice. It was difficult to hear but it said, ‘Oh god, I’ve been stabbed. I’ve been stabbed’.”

“He shouted it two or three times. I didn’t think it was serious because I’d heard nothing before.

“I walked out of the door and saw a man on the ground. The thing that struck me was that there was no blood on his legs and I thought he was drunk.”

James White, who called the ambulance, described driving along Walton Lane and seeing a man struggling around.

“When he turned towards me I saw an object in his back. I ran out of my car to help. When I saw a knife in his back I called 999,” he said.

The court was then played a 999 recording, during which Mr White said: “He’s got a kitchen knife in his back. There’s blood coming out of his back. The handle of it is a kitchen knife.”

The prosecution alleged Mr Malone, who is married with children, dumped his bloodstained clothes in the river and had drunk a bottle of vodka prior to the incident.

Daniela Trescova, who works at the burger van opposite the toilets, said she had previously loaned Mr Malone a knife for fishing, but not on the day Mr Akers was stabbed.

Mr Akers’ partner of 22 years was in court on Monday with the victim’s brother and aunt.