Spain - Amy Fitzpatrick, 15, Malaga, 1 Jan 2008

[Cappuccino]

The poor girl lived with a drunk she hated who killed her brother, a man brought into her life and kept there by her mother. I think in the US this case would be resolved by now. JMO.

I think its been complicated by the fact that its the Spanish police investigating the disappearance and the Irish police investigating the death of her brother. But yes, if it was one country's police force investigating both, it would be resolved by now. Its clearly not rocket science.

 

[Legally Bland]

Summing up from the judge and jury sent out for deliberations:

Ms Justice Margaret Heneghan finished her charge to the jury this morning, giving them her summary of the evidence.

The judge said the jury must remember that the prosecution must always prove its case beyond a reasonable doubt.

She said Mr Mahon told gardai, during interview, that it was "his fault" Mr Fitzpatrick was dead.

The judge said the jury is not to confuse fault with causation, and they will have to consider if there was the "intent to cause death or serious injury".

Ms Justice Margaret Heneghan told the jury that they had three possible verdicts open to them.

She said they could find Mr Mahon guilty of murder, not guilty of murder but guilty of manslaughter or not guilty.

The judge said that the jury must find Mr Mahon guilty of murder if they find Mr Fitzpatrick was unlawfully killed by Mr Mahon, and that he intended to kill or cause him serious harm.

She also said the jury must find Mr Mahon guilty of murder if the prosecution has proved that the stabbing wasn't an accident.

http://www.independent.ie/irish-new...an-accused-of-murdering-stepson-34684813.html

Explaining the concept of recklessness, the judge said it was the conscious taking of an unjustified or substantial risk of which the person was aware but then decided to ignore.

Recklessness meant “taking a risk and not giving a damn”.

In those circumstances risk was looked at subjectively “from the eyes of the accused man”.

It was a risk the person saw and decided to ignore The judge also told the jury they should give a lie its “ordinary meaning”. People lied out of panic, people lied out of confusion and for many reasons. There might be a “discredited” account of something for reasons other than a lie, she said.

http://www.irishtimes.com/news/crim...al-jury-retires-to-consider-verdict-1.2634574

 

[Jennibee]

Does anyone have any thoughts on what the verdict may be?


Sent from my iPad using Tapatalk

 

[Legally Bland]

I have a feeling the verdict will be manslaughter, but could see it going any which way.

 

[Legally Bland]

Jury still deliberating:

The jurors in David Mahon’s murder trial are continuing their deliberations this afternoon.

The six men and six women have now spent over seven hours trying to decide on three possible verdicts.

Mr Mahon (45) admits holding the knife that caused his stepson’s fatal injury but claims it was an accident and that he had no intention to kill him.

The jurors agreed to come into court a bit earlier this morning to begin their third day of deliberations.

http://www.newstalk.com/Jurors-in-David-Mahons-murder-trial-continuing-deliberations-for-third-day

 

[CoverMeCagney]

Best case scenario here is that this **** gets locked up, and Amy turns up safe and well knowing he can't harm her. Unlikely, I know, butit would be nice....

As for the mother.... (not sure I can say within TOS)

Thanks LB for keeping the thread updated.

(EDIT: not sure why my word got ****'d out, it wasn't even a rudie!)

 

[Electric Sheep]

Not Guilty of Murder, Guilty of Manslaughter.
http://www.independent.ie/irish-new...-of-manslaughter-of-his-stepson-34684984.html

 

[Legally Bland]

Not Guilty of Murder, Guilty of Manslaughter.
http://www.independent.ie/irish-new...-of-manslaughter-of-his-stepson-34684984.html

Better than not guilty. Small mercies etc.

I'd love to think this could be a catalyst to finding Amy, but I'm pretty pessimistic on that.

 

[Legally Bland]

This bit, BBM, has been bugging me throughout the trial, I couldn't understand why a witness to what happened wasn't called to testify, I kept on checking that I hadn't missed it:

There were two witnesses present: Mahon’s friends, Karl O’Toole and John McCormack.

Mr O’Toole said in evidence he thought the row had been resolved when Dean left and Mahon followed him out of the apartment. Mr McCormack left with Dean, but he did not give evidence, which the jury was told not to speculate about.

http://www.irishtimes.com/news/crim...tred-on-the-circumstances-of-injury-1.2638052

 

[Legally Bland]

Sentencing on 30th May.

He had been accompained to court by his wife and the mother of the deceased Audrey Fitzpatrick.

She was clearly upset by the proceedings and declined to comment on the outcome following the verdict shortly before 3pm.


Mahon was led away from the court after Judge Margaret Heneghan refused bail and remanded him in custody to appear again for sentencing on May 30.

http://www.dublinlive.ie/news/dublin-news/dave-mahon-sentenced-end-month-11297945

Snip from another article.

Audrey Mahon is standing by the man who killed her son.

The shell-shocked mum of victim Dean Fitzpatrick is today due to visit husband Dave Mahon on his first full day behind bars.

Killer David Mahon was convicted by a jury of the manslaughter of his stepson, Dean Fitzpatrick.

Moments before the verdict, Audrey and Dave held hands in the court.

She was left visibly reeling when the jury found him guilty of manslaughter.

http://www.independent.ie/irish-new...-as-he-spends-first-day-in-jail-34693069.html

 

[Legally Bland]

Judge threatened to ban Audrey Mahon from courtroom:

A judge warned Audrey Mahon about her behaviour during her husband's murder trial, threatening to ban her from the courtroom if she could not control herself.

Ms Justice Margaret Heneghan gave the stark warning to Mrs Mahon on the second day of the trial, following her outburst in the middle of the evidence of taxi driver Karl O'Toole.

[...]Every head in the room turned to look at her as she made her way out of the courtroom.

Ms Justice Heneghan sent the jury for an early lunch, and ordered gardai to immediately bring Audrey back to court.

When she was brought back to court, Audrey told the judge that Mr O'Toole was lying about not knowing Dean, saying he had been on holidays with them.

In the absence of the jury, Ms Justice Heneghan warned Mrs Mahon, telling her to "behave yourself" and threatening that she would exclude her from the courtroom if she could not control herself.

http://www.herald.ie/news/courts/judge-threatened-to-ban-audrey-from-courtroom-34692765.html

 

[Legally Bland]

Small interview with Christopher Fitzpatrick, the father of Dean and Amy.

"I was with Dean the night Mahon killed him, and I told him not to go up to the apartment when he phoned him two times that night," said Mr Fitzpatrick."I told my son Mahon was sly and I was right, I will never forgive him for taking my son.

"If he had stayed with me that night he would still be here today and not lying in a grave," he added.

Dean (23) received a single stab wound to the stomach, on May 26, 2013, following an argument outside the north Dublin apartment Mahon shared with Audrey.

Mahon was found guilty of manslaughter on Friday and is currently in Cloverhill Prison awaiting sentencing on May 30.

http://www.independent.ie/irish-new...ick-says-familys-life-destroyed-34697513.html

The article also quotes Amy's Aunt as saying she'll never give up looking for Amy.

 

[Legally Bland]

This is making me feel a little bit sick.

Audrey Fitzpatrick is "feeling proud" of her husband Dave Mahon - the man who killed her son.

Writing online she also added that he was "not a bad man".

[...]"But today is a first wedding anniversary and by God he'd do anything to get out of buying a present," she wrote.

"I'm sure people are going to judge me doing this, one year today was the happiest day we both had in over 8 years...he's not a bad man and would NEVER lie, so I'll get off and let the bating begin!!!" she added.
__________

[...]A tired-looking Audrey appeared before court earlier this week, when she settled a €60,000 damages claim against Dublin City Council and Irish Water.

[...]She claimed she injured her left knee, which she had X-rayed at Beaumont Hospital. No bone injury had been detected, apart from bruising and tenderness of the left patella area.

[...]Following the fall she complained of intermittent aching in her knee and had been unable to wear high heels.

She claimed she had suffered pain, distress and discomfort which had disrupted her social, domestic and recreational life.

http://www.independent.ie/irish-new...-guilty-of-killing-her-son-dean-34711198.html

 

[courtney2662]

Such a tragic story for these two children and their father. And a strange story of the behaviours of the mother also. Her daughter was apparently spending nights anywhere she could so long as she didn't have to be home and this appears to been fine with mam. And what on earth did Audrey and Dave Mahon live on with no apparent income? If Audrey didn't want to raise her children, she should have left them with their father and moved off to Spain with Mahon, everyone would have been better off IMO.

 

[Legally Bland]

[video=twitter;737282090367102977]https://twitter.com/Orlaodo/status/737282090367102977[/video]

Orla O'DonnellVerified account‏@Orlaodo
Sentencing hearing underway for David Mahon - found guilty of manslaughter of his partner's son, Dean Fitzpatrick. @rtenews

 

[Legally Bland]

[video=twitter;737282679591325697]https://twitter.com/Orlaodo/status/737282679591325697[/video]

Orla O'DonnellVerified account‏@Orlaodo
Victim impact statement: Dean Fitzpatrick's mother & David Mahon's partner Audrey, says she has "forgiven Dave but not forgotten." @rtenews
3:01 pm - 30 May 2016

I'm hoping Dean's partner and father also gave victim impact statements.

 

[Legally Bland]

[video=twitter;737284235669692416]https://twitter.com/Orlaodo/status/737284235669692416[/video]

Orla O'DonnellVerified account‏@Orlaodo
Defence Counsel, Sean Guerin tells court, David Mahon accepts manslaughter verdict and will not be appealing. @rtenews

3:07 pm - 30 May 2016

I should think not too. He should consider himself lucky.

 

[Legally Bland]

Another 2 weeks.

DAVE Mahon’s sentencing has been pushed back until June 13.

The judge has postponed today’s sentencing after hearing several victim impact statements.

[...]

At the trial a statement on behalf of Audrey Fitzpatrick said she had ‘forgiven’ her husband for killing her son.

“David will always be her husband, carer and best friend,” the statement read.

Meanwhile, Dean Fitzpatrick’s father Christopher, in victim impact statement, said there are ‘no words to describe his pain, anger and despair’.

http://www.theolivepress.es/spain-n...-of-killing-missing-amy-fitzpatricks-brother/

 

[Legally Bland]

[video=twitter;737282867760406530]https://twitter.com/Orlaodo/status/737282867760406530[/video]

Orla O'DonnellVerified account‏@Orlaodo
Audrey Mahon says she can't disagree with jury verdict but her husband David will always be her husband, carer and best friend. @rtenews
3:01 pm - 30 May 2016

 

[Legally Bland]

Some bits from the victim impact statements.

Dean's partner Sarah O'Rourke said, in her victim impact statement, that her "world fell apart" when gardai told her that Dean had died, and while the couple had their "ups and downs", she "loved him as he loved me".

Ms O'Rourke said Dean was so proud of the couple's young son, and she will "never forget him and what they had".

The court heard that the couple's son was only 18 months old when Mr Fitzpatrick was killed.

In her victim impact statement, Ms O'Rourke said it "broke her heart" to hear their young son calling "da, da" following his death.

When her son picks up Dean's picture and asks "where's my daddy", Ms O'Rourke said that she tells him he is "a star in the sky and angels took him to heaven".

Ms O'Rourke said Mr Fitzpatrick was "cruelly taken away from his son". She said he talks about Dean all the time, and is missing out on things that other children can do with their fathers.

http://www.independent.ie/irish-new...slaughter-of-stepson-next-month-34758344.html

In his statement, Dean Fitzpatrick's father, Christopher said he was full of joy when his son took his first breath. He said Audrey Fitzpatrick had taken his two children to Spain on a two week holiday in 2004 and had not returned.

Amy Fitzpatrick, Dean Fitzpatrick's sister went missing in Spain in 2008.

He said his world came crashing down again in May 2013 when he had to identify his son's body in Beaumont Hospital and was told by doctors that they had done all they could but that the single stab wound to his son's body was so deep, he could not be saved.

He said Audrey Fitzpatrick had tried to exclude him from his son's funeral and they had had to go to the High Court to arrange to have buried in his own plot.

He said he had to be admitted to hospital because of the stress of events on his own mental health.

He said he had hope Amy would eventually be found alive but he could have no such hope for his son. He said there were no words to describe his pain, anger and despair.

http://www.rte.ie/news/2016/0530/792044-mahon-sentence/

BIB. Don't think I've read that before.

In her statement, Audrey Mahon, David mahon's wife and Dean Fitzpatrick's mother, said her life had become a living nightmare. She said despite her son's problems he always had a cheeky grin and a heart of gold. She said she had lost both her children and did not think she was strong enough to cope with losing her husband.

She said he did everything to try to find her daughter and had supported her. She said she could not disagree with the jury's verdict because Mr Mahon had produced a knife unlawfully.

She also said she had forgiven him but had not forgotten, adding that he would always be her husband, carer and best friend. http://www.rte.ie/news/2016/0530/792044-mahon-sentence/

Audrey said her life is now a living nightmare, but she said she forgives her husband for what he did and does not think she is strong enough to cope without him.

Mr Mahon’s barrister asked for leniency, describing the offence as on the lower end of the scale of seriousness.

http://www.newstalk.com/David-Mahon-Dean-Fitzpatrick-stabbed-sentenced-Audrey-Fitzpatrick