Wednesday 26 July 2017

Man accused of murdering wife’s son seeks to stall trial due to hip replacement operation

Audrey Mahon and husband, murder accused David Mahon
Audrey Mahon and husband, murder accused David Mahon

Conor Feehan and Daniel Hickey

The husband of Audrey Fitzpatrick, whose daughter Amy disappeared in Spain in 2008, has applied to adjourn his trial for the murder of Amy's brother Dean because he says he needs a hip replacement.

Lawyers for Mahon (44), who is accused of killing 23-year-old Dean Fitzpatrick at Northern Cross on the Malahide Road in May 2013, yesterday made an application at the Central Criminal Court to adjourn the trial which was due to begin next Monday so that he can have a hip replacement.

The judge said that he will need a sworn affidavit from Mr Mahon's consultant surgeon regarding the "urgency" of the operation before he can consider adjourning the trial.

Sean Guerin, the barrister representing Mahon, told Mr Justice Patrick McCarthy that his client has had two hip replacements and that one of the replacements "hasn't taken".

Mr Guerin said that his client is waiting for an operation, scheduled to take place in two weeks' time.

The trial is expected to last two weeks, the court heard.

The barrister presented letters from Mahon's consultant surgeon and his G.P. to the court. The G.P.'s letter said the failure of the existing replacement was causing Mr Mahon "severe pain", the court was told. 

Mr Justice McCarthy said that he could not adjourn the trial on the basis of letters from the surgeon and G.P.

"I'm not prepared to adjourn on the basis of a report," the judge said. 

He told Mr Guerin that he needed a sworn affidavit from Mahon's surgeon, highlighting the "urgency" of the operation and that it cannot be postponed, before he could consider adjourning the trial.

Mahon, of Ongar Village, Clonsilla today said his solicitors are trying to get in touch with his surgeon in the hope he will sign the affidavit.

"I don't know if he has signed it yet. It would be great if he did," Mahon told Independent.ie.

"He's one of the best surgeons in the country and there is an 18 to 24 month waiting list for him but I was called early and I don't want to miss the chance to get it done because I'm in a lot of pain with it.

"At the same time I want to get the trial over with. I don't want to delay it. I told the surgeon I have a murder trial to go to but he said the operation was important.

I've had both hips replaced but the left one, which I had done last March, just didn't take and it needs to be done again," he added.

"What I don't want is that I would be called for surgery in the middle of the trial and have to miss the operation. I just don't want the trial and the surgery to coincide."

The case is listed for mention again tomorrow morning when the surgeon's sworn affidavit is expected to be presented to the court.

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