Dave Mahon, 53, walked free from court after being accused of assaulting his pensioner neighbour. He was acquitted of headbutting his elderly neighbour after Judge John Aylmer directed the jury to sign a not guilty verdict at Carrick on Shannon Circuit Court.
The alleged injured victim, Jim Fahy, 73, failed to turn up to his trial, which was listed back in 2021. This week, the court also heard how the pensioner had, at one point, said he wished to retract his statement. Mr Mahon admitted to headbutting Mr Fahy at a barbeque on August 26, 2021 in the pensioners home. The assault left him with two swollen black eyes, but Mr Mahon claimed self defence, explaining that the incident started when the neighbour took offence to a joke he made about getting McDonalds and made remarks about his wife Audrey.
Judge Aylmer said due to the alleged victim being absent and the “limited snapshot view” from the witness Noel Byrne, he acquitted Mr Mahon.
“I’m making the decision and it’s my responsibility. The formality requires that I direct you to acquit the accused,” the Judge said.
Defence Counsel Peter Nolan BL asked the investigating Detective Garda Mark Burke, in the absence of a jury, if he was aware Mr Fahy had made a statement in 2023, outlining that there was an “incident”, but that “it’s all fine now and I don’t want this to go any further.” He added: “I am saying this of my own free will.”
The court also heard this week that the alleged victim had spent the last 53 days in hospital for an unrelated illness, with attempts prior to serving him with a witness summons.
Det Garda Burke said he tried to serve Mr Fahy but found the door of his property to be open with dog poo on the floor. He told the court that he went inside as he was concerned for Mr Fahys’ welfare, making further enquiries to his whereabouts after not finding him.
Det Garda Burke also had trouble contacting the only two witnesses to the case, Noel Byrne and Toni Scott. Mr Bryne gave evidence at the trial on Thursday after being told he would be arrested if he did not comply with a court summons.
On Thursday the court heard Mr Mahon’s statement to Gardai upon his arrest in August 2021. Asked how the argument started, he said it was because of the “amount of alcohol taken,” telling them he had “a few beers” and that “my wife was intoxicated.”
He told officers that those at the gathering “couldn’t get the barbeque started” which he said he believed was « because they were intoxicated.” Mr Mahon said he “joked” to Mr Fahy that they “should’ve gone to McDonalds,” and at this point “everything changed”.
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