The man accused of murdering the brother of missing Dublin teen Amy Fitzpatrick has flown out of Ireland, despite garda fears that he might not return to face his trial.
Dave Mahon (44) has been charged with killing Dean Fitzpatrick in May 2013 at Northern Cross on Dublin’s Malahide Road.
At Dublin Airport this morning, he told the Herald he does not know why gardai tried to block him from leaving the country.
Dean was the brother of Amy, who went missing in Spain on New Year’s Day 2008, and has never been traced.
Mr Mahon lived in Spain with Amy and Dean and their mother Audrey at the time Amy disappeared.
They relocated to Ireland in recent years after Amy’s disappearance, and despite Dean’s death and Mr Mahon’s alleged involvement, Dave and Audrey married in recent months.
In June, Mr Mahon was granted a bail application to go to Spain today for a fortnight, despite the objections of gardai.
He is currently on bail awaiting trial in April next year.
Mr Mahon, of Ongar Village, Clonsilla, Dublin, successfully sought a bail application to vary his signing-on conditions to allow him to travel to Spain from today until September 15.
During the application in June, the court heard from Detective Sergeant Edward Carroll of Coolock Garda station, who told Mr Justice Patrick McCarthy he opposed the bail application on the grounds of the seriousness of the charge, as he believed Mahon was a flight risk, with his only tie to this jurisdiction being his father, who lives in Dublin.
Defence counsel Mr John Fitzgerald put it to Det Sgt Carroll that Mahon did live in Spain for a period of time, knowing these charges were hanging over him, but still returned here to face the charges.
Mr Justice McCarthy then permitted Mr Mahon to go to Spain from today on condition that he furnish his address in Spain to gardai, provide his own mobile number, which he is required to keep and maintain until not earlier than September 16, and sign on yesterday and obtain his passport from gardai.
He is also required to sign on again upon his return from Spain on September 16 and return his passport to gardai.
Mr Mahon arrived with Audrey at Dublin Airport at 4.15am and went immediately to check in their baggage for their 3.30am Ryanair flight to Malaga.
Speaking to the Herald, they said the reason for their trip is to campaign to find Audrey’s daughter Amy.
“It is the first time we have travelled since we got married but the real purpose is to raise awareness for Amy,” said Audrey.
“We have 5,000 flyers that we will be distributing because we have to keep the campaign going,” said Mr Mahon.
“We have a lot to do, so it’s no holiday,” he added.
“We’re trying to get a garden set up for Amy in Spain and will be meeting with the Mayor in the coming days,” Mr Mahon told the Herald.
Asked about the gardai’s resistance to his travel plans, Mr Mahon said: “I’m surprised that they did object. I’ve been in Spain a few times since it happened [Dean’s death]. I’ve travelled before,” he said.
No longer using a walking stick since he had a hip replacement, Mr Mahon looked fit, healthy and trim.
“I was three years on a walking stick but I’m back training now,” he said.