Saturday 3 December 2016

Murder accused told gardaí his stepson 'walked into the knife'

Eimear Cotter

Published 28/04/2016 | 02:30

David Mahon (45) of Ongar Village in Consilla, arrives at the Central Criminal Court in Dublin yesterday with his wife Audrey where he is on trial charged with the murder of Audrey’s son, Dean Fitzpatrick in 2013. Photo: Collins Courts
David Mahon (45) of Ongar Village in Consilla, arrives at the Central Criminal Court in Dublin yesterday with his wife Audrey where he is on trial charged with the murder of Audrey’s son, Dean Fitzpatrick in 2013. Photo: Collins Courts

A father of one bled to death following a single stab wound to the stomach, a jury has heard.

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David Mahon (45) told gardaí that his stepson Dean Fitzpatrick "walked into the knife" after the pair had been arguing.

The Central Criminal Court heard Mr Mahon rang gardaí the next morning and told an officer: "It was me that did it. I didn't know he was dead. I just heard it on the news."

Mr Mahon was "very, very emotional" and "visibly shaken" when he came into Coolock Garda Station, the jury was told.

Mr Mahon, of Ongar Village in Clonsilla, Dublin, denies murdering 22-year-old Dean Fitzpatrick on May 26, 2013.

Mr Fitzpatrick was the brother of Amy Fitzpatrick, who went missing in Spain in 2008 at the age of 15.

He was stabbed to death outside Mr Mahon's apartment at Burnell Square, Northern Cross in Malahide.

Garda Patrick Brodigan told the Central Criminal Court he was working in Coolock Garda Station when he received a phone call at 9.25am from a man who identified himself as David Mahon.

Garda Brodigan said Mr Mahon told him: "It was me that did it. I didn't know he was dead. I just heard it on the news this morning."

The garda offered Mr Mahon the chance to come to the garda station, and he arrived with another man, John McCormack, shortly afterwards.

Garda Brodigan said Mr Mahon was crying and upset, and kept "talking and talking", repeating what he had said to him over the phone.

The Central Criminal Court heard Mr Mahon was formally interviewed by Detective Sergeant Eddie Carroll.

In the interview, he told gardaí that Mr Fitzpatrick had called up to his apartment, and the pair were arguing.

"We were always having rows. God forgive me but he's a little b*****d," Mr Mahon said, adding: "But it's my fault he's dead."

During the interview, Mr Mahon said Mr Fitzpatrick pulled a knife and waved it at him in the kitchen, but he took it off him and put it in his back pocket.

He said his friend Mr McCormack took Dean out of his apartment into the hallway, and he followed them.

Mr Mahon told gardaí he pulled the knife from his pocket and he said to Dean "What are you doing, pulling a knife on your father?"

He said that Mr Fitzpatrick responded with "What do you mean, you f***ing eejit?" and walked into the knife.

The accused told gardaí he thought it was only a graze and he did not see any blood.

He said Mr Fitzpatrick ran down the stairs, and that was the last he saw of him.

He told gardaí: "I didn't stab him, he walked into the knife" and "It's my fault he's dead".

Mr Mahon said he then remembers being in the taxi with his friend Karl O'Toole and throwing the knife out the window.

Mr Mahon said he had previously told his wife Audrey he didn't want Dean around as he was "bad news", and he "smokes and sells drugs".

Earlier, Deputy State Pathologist Dr Michael Curtis said Mr Fitzpatrick died due to torrential bleeding caused by a single stab wound to the stomach.

Dr Curtis said the stab wound was on the left side of his abdomen and it transfixed the aorta, which is the main blood vessel of the body, and terminated at the spine.

Dr Curtis said the stab wound was approximately 14.5cm in depth, but accepted it could have been as little as 12.5cm.

Despite emergency treatment, Dr Curtis said the injury was essentially non-survivable.

Dr Curtis said it would have required moderate or considerable force to inflict the injury on Mr Fitzpatrick.

He said his examination could not determine whether the injury had been inflicted with a deliberate thrust of a knife or whether Mr Fitzpatrick could have "run on" to a knife being held by Mr Mahon.

He said the nature of the wound meant either scenario was possible.

Cross-examined by Sean Guerin SC, Dr Curtis said there was no evidence of twisting of the knife, nor was there any lateral movement or "slicing" of the knife.

Mr Guerin said it was suggested in the prosecution's opening statement that Mr Fitzpatrick had suffered a "gutting", but Dr Curtis agreed that what "Mr Fitzpatrick suffered was not a gutting".

In his evidence yesterday, Dean's father Christopher Fitzpatrick said doctors tried to bring his son back to life twice but a surgeon told him he was unable to save him.

He said he received a call from gardaí to go to Beaumont Hospital in the early hours of May 26 because his son had been injured.

Mr Fitzpatrick said he arrived with his sister and her husband, and they were taken into the family room.

He said the surgeon came in and told him he had tried to bring Dean back to life twice but he had been unable to save him.

He said he formally identified the body of his son the next morning.

Mr Fitzpatrick confirmed that Dean had been living with him in the last week of his life.

Mr Fitzpatrick also told the court that Dean had "stuff going on about his girlfriend, his missing sister and not being able to see his son".

The trial continues before Ms Justice Margaret Heneghan.

Irish Independent

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