Judge in David Mahon murder trial will only accept unanimous verdict
The jurors in the David Mahon murder trial have finished their first day of deliberations without reaching a verdict.
They have now gone home after deliberating for two hours and 21 minutes and will resume their deliberations in the morning.
The judge in the trial of David Mahon, who is accused of murdering his stepson, has told the jurors she will only accept a unanimous verdict.
Mr Mahon told gardaí he was at fault for Dean Fitzpatrick’s death in May 2013, but claimed it was an accident and denied any intention to kill him.
Just after 11pm on May 25, 2013, a passerby found Dean Fitzpatrick lying on the street outside Dave Mahon’s apartment in Northern Cross, Dublin 17.
He said he was semi-conscious and having trouble breathing. The 23-year-old father of one died in hospital less than two hours later.
It is the prosecution’s case that the accused stabbed him during a row over a stolen water bottle.
He claims Dean pulled a knife on him and later walked into it after he took it from him. He said it was an accidental self-impalement. His stepson had a history of self-harm and he suggested he may have wanted to walk into it.
The jurors were sent out to begin their deliberations just before lunch.
They have three verdicts open to them: Guilty of murder, not guilty of murder but guilty of manslaughter, or not guilty.
The jury in David Mahon’s murder trial has retired to consider a verdict.
The 45-year-old has pleaded not guilty to murdering his stepson Dean Fitzpatrick outside his apartment at Northern Cross in Dublin in May 2013.
Ms. Justice Margaret Heneghan spent almost hours summarising four days of evidence for the jurors.
Dean’s ex, and the mother of his child, Sarah O’Rourke said she received an aggressive phone call from the accused in the hours leading up to the alleged murder. She said he threatened to stick a knife in her head or neck if she didn’t get Dean to contact him.
Dave’s friend Karl O’Toole was in the apartment that night. He said Dean left after agreeing to return a stolen water bottle. He said Dave followed him and was holding a large knife when he returned less than a minute later.
A post mortem revealed he died from a single stab wound to the stomach but couldn’t confirm whether there was a run on the knife or a deliberate thrust.
David Mahon, who’s married to Dean’s mother Audrey, claims it was an accident. He told Gardai Dean walked onto the knife and suggested he may have even wanted to.
Ms. Justice Heneghan asked the jurors to be clinical and remove emotion and sympathy as they now begin their deliberations.
