Friday 21 October 2016

Mahon murder trial jury shown knife and CCTV of apartment

David Mahon arrives at court with his wife Audrey (Courtpix)
David Mahon arrives at court with his wife Audrey (Courtpix)

A jury in the trial of a 45-year-old man accused of murdering his stepson are to continue their deliberations for a third day.

David Mahon (45) denies murdering father-of-one Dean Fitzpatrick on May 26, 2013, a day after the deceased interfered with his bicycle to annoy him.

The 23-year-old received a single stab wound to the stomach outside the apartment his mother Audrey shared with Mr Mahon at Burnell Square, Northern Cross, in Malahide.

It is the prosecution case that Mr Mahon was drunk, angry and agitated and he stabbed his stepson, before fleeing the scene.

The defence has claimed Mr Fitzpatrick's death was an accident, with Mr Mahon saying to gardai: "I didn't stab him, he walked into the knife."

He claimed that after a confrontation, he took a knife from Mr Fitzpatrick, and was showing it to him and asking him what he was doing when Mr Fitzpatrick walked into it.

His legal team have argued that Mr Mahon's account of what happened was not contradicted by the scientific evidence.

The defence has also raised the possibility Mr Fitzpatrick could have committed suicide.

The jury began their deliberations on Tuesday afternoon.

Ms Justice Margaret Heneghan sent them home for a second night yesterday, following over five hours of deliberations.


The jurors had some questions for the judge yesterday.

They requested that CCTV footage of Mr Mahon's apartment complex be made available to watch on the large TV screen in the jury room.

Due to technical issues in setting up the computer, this took some time to complete.

They asked for - and received - the knife block from Mr Mahon's apartment, as well as a knife which gardai found on the balcony of the apartment.

The jury also asked for the legal definition of the three verdicts open to them - guilty of murder, not guilty of murder but guilty of manslaughter and not guilty.

Ms Justice Heneghan told the jury that if they believe what Mr Mahon said to gardai then they cannot convict him of murder or manslaughter.

She said the jury must also consider the possibility that what happened was suicide, and was as a result of a deliberate act by Dean Fitzpatrick.

Ms Justice Heneghan further said that if the jury believe that what happened was an accident, then accidental death is not an unlawful killing, and Mr Mahon must be acquitted.

She said that if the jury believes Mr Mahon intended to cause serious injury then he is guilty of murder.

She said they must consider manslaughter if they are not satisfied Mr Mahon intended to cause serious injury.

The judge said that if the jury believe Mr Mahon was reckless, and he consciously took a substantial and unjustifiable risk, then the jury must find him guilty of manslaughter.

The jury resumed their deliberations this morning.

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