LAWYERS FOR DAVID Mahon have made an application today at the Central Criminal Court to adjourn his trial for murder, due to begin next Monday, so that he can have a hip replacement.
David Mahon (44), of Ongar Village, Clonsilla is charged with murdering 23-year-old Dean Fitzpatrick on 26 May 2013 at Northern Cross on Dublin’s Malahide Road.
Mahon is the partner of Dean Fitzpatrick’s mother, Audrey.
Affadavit
The judge said today that he will need a sworn affidavit from Mahon’s consultant surgeon regarding the “urgency” of the operation before he can consider adjourning the trial.
Today, Sean Guerin SC, for Mahon, told Mr Justice Patrick McCarthy that his client has had two hip replacements and that one of the replacements “hasn’t taken”.
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 Mahon’s consultant surgeon and his GP to the court.
The GP’s letter said the failure of the existing replacement was causing 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 Guerin that he needed a sworn affidavit from 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, 22 April, when the surgeon’s sworn affidavit is expected to be presented to the court.
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