Judge asked to adjourn murder trial so accused can have hip replacement

Judge asked to adjourn murder trial so accused can have hip replacement

Lawyers for David Mahon have made an application at the Central Criminal Court today to adjourn his trial for murder, due to begin next Monday, so that he can have a hip replacement.

The judge said that he will need a sworn affidavit from Mr Mahon's consultant surgeon regarding the "urgency" of the operation before he can consider adjourning the trial.

David Mahon (aged 44), of Ongar Village, Clonsilla is charged with murdering 23-year-old Dean Fitzpatrick on May 26, 2013 at Northern Cross on Dublin's Malahide Road.

Today, Sean Guerin SC, for Mr Mahon, told Mr Justice Patrick McCarthy that his client has had two hip replacements and that one of the replacements "hasn't taken".

Mr Guerin said that his client is waiting for an operation, scheduled to take place in two weeks' time.

The trial is expected to last two weeks, the court heard.

The barrister presented letters from Mr Mahon's consultant surgeon and his GP to the court.

The GP's letter said the failure of the existing replacement was causing Mr Mahon "severe pain", the court was told.

Mr Justice McCarthy said that he could not adjourn the trial on the basis of letters from the surgeon and GP.

"I'm not prepared to adjourn on the basis of a report," the judge said.

He told Mr Guerin that he needed a sworn affidavit from Mr Mahon's surgeon, highlighting the "urgency" of the operation and that it cannot be postponed, before he could consider adjourning the trial.

The case is listed for mention again on Friday morning, April 22, when the surgeon's sworn affidavit is expected to be presented to the court.


More in this Section

Coronavirus and Brexit negotiations add pressure to form government – TánaisteCoronavirus and Brexit negotiations add pressure to form government – Tánaiste

Trócaire study: Disasters resulting from climate change kill 14 times more women than menTrócaire study: Disasters resulting from climate change kill 14 times more women than men

Man held in Keane Mulready-Woods murder probe releasedMan held in Keane Mulready-Woods murder probe released

Athlone horse trainer's stables hit for third time in 11 years as flooding impacts several areas across country  Athlone horse trainer's stables hit for third time in 11 years as flooding impacts several areas across country


Lifestyle

A S the Joker would say, ‘Why so Series X?’ But the next generation of the Xbox isn’t a joke for Microsoft, who have ground to make up on Sony in the console wars. The Redmond team disappointed this generation, making early mistakes that gave Sony all the momentum.GameTech: Get ready for the new Xbox

Cork actor Eanna Hardwicke may have grown up with a Young Offenders star, but he is set to make a name for himself with a string of big roles, writes  Esther McCarthyEanna Hardwicke: Cork actor about to burst onto the big screen

Should we be putting haemorrhoid cream around our eyes? Short answer... Absolutely not.The Skin Nerd: Are celebrity skincare tips all a load of Bullocks?

Peter Dowdall reports on how Blarney Castle's famous yew has bewitched onlookers for six centuriesBewitched: Help Ireland's most popular tree get the vote in Europe

More From The Irish Examiner