Saturday 22 October 2016

David Mahon trial: Jury ask for knife block from apartment of man accused of murdering stepson

Eimear Cotter

Published 05/05/2016 | 12:46

Dave Mahon.
Dave Mahon.

A jury in the trial of a 45-year-old man accused of murdering his stepson are continuing their deliberations today.

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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.

So far the jury has been deliberating for over three hours.

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

Mr Mahon has claimed that it was an accident, or what his barrister, Sean Guerin SC, described as "accidental self-impalement".

Mr Mahon told gardai "I didn't stab him, he walked into the knife".

The defence has also raised the possibility that Mr Fitzpatrick could have committed suicide, and Mr Mahon told gardai “part of me thinks he (Mr Fitzpatrick) wanted it”.

The defence claims this account of what happened is not contradicted by the scientific evidence.

The jury began their deliberations shortly before lunch yesterday and they continued yesterday afternoon.

Ms Justice Margaret Heneghan sent the jury home for the evening at 4pm yesterday, and they resumed their deliberations at 11.20am this morning.

Before they resumed their deliberations this morning, the jury had a number of questions for the judge.

They asked for the knife block from Mr Mahon's apartment at Burnell Square, as well as a knife which gardai found on the balcony of the apartment.

Ms Justice Heneghan told the jury they could not have a copy of the pathologist's report but she said that if the jury requires it she could re-read the evidence of Deputy State Pathologist, Dr Michael Curtis.

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

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