Courts

High Court jury awards man €39,000 against Senator John McGahon for assault and battery

Farmer Breen White and Fine Gael politician became involved in scrap outside Dundalk pub in early hours of June 16th, 2018

Senator John McGahon leaving the Four Courts during the High Court case taken against him by Breen White. Photograph: Collins Courts
Senator John McGahon leaving the Four Courts during the High Court case taken against him by Breen White. Photograph: Collins Courts
Tue Jul 02 2024 - 17:14

A High Court jury has ordered Fine Gael senator John McGahon to pay a man €39,000 over a late night assault outside a Co Louth pub.

Breen White, a farmer from Castleblaney, Co Monaghan, sued Mr McGahon for assault and battery outside the Rum House pub in Dundalk on June 16th, 2018.

Mr McGahon (33), who was elected to the Seanad subsequent to the incident, denied the claims and said he was assaulted and acted in self defence.

The jury was asked to decide if Mr White was assaulted and whether any damage suffered by him was caused or partly caused by want of care on Mr McGahon’s part.

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The jury, after just under 3¼ hours, found Mr White had been assaulted and awarded a total of €60,000, including €10,000 for aggravated damages. It apportioned blame at 65 per cent against Mr McGahon and 35 per cent against Mr White.

Mr Justice Alexander Owens, who presided over the four-day trial, gave a decree for €39,000 against Mr McGahon. He thanked and discharged the jury and exempted them from service for nine years. He adjourned the issue of legal costs to next week.

Breen White leaving the Four Courts during his case against Fine Gael Senator John McGahon. Photograph: Collins Courts
Breen White leaving the Four Courts during his case against Fine Gael Senator John McGahon. Photograph: Collins Courts

The jury was told during the trial that in 2022, Mr McGahon, of Faughart Gardens, Dundalk, was cleared by a Circuit Court jury on a charge of assault causing harm to Mr White related to the incident.

In his High Court civil action, Mr White claimed Mr McGahon put his arm around his wife Linda and said “you are coming with me” as they left the Rum House at around 2.30am.

He said that when he protested, Mr McGahon asked “what is it to you?“, and Mr White replied that the woman was his wife. He said Mr McGahon waved his hands and mumbled some words before the couple went out on the street.

Mr White, who had been out celebrating a win for his horse Total Demolition at Fairyhouse that day, claimed words were exchanged as he awaited a lift home and he told Mr McGahon to leave his wife alone.

Mr White told his counsel that Mr McGahon also said: “I run this town and you should know me.” Mr McGahon denied ever saying this and that it was the “oldest cliche” that could be thrown at a politician.

He said Mr McGahon first grabbed his arm outside the pub and there followed further words. He said Mr McGahon’s friends tried to hold the politician back but they both ended up on the ground, where he was allegedly punched in the head by Mr McGahon a number of times.

Mr McGahon, in his evidence, said he was intoxicated and admitted that around this time he had an “unhealthy relationship” with alcohol for which he then got counselling.

He said he had put his arm around Ms White in “a friendly, jovial manner” after being told by someone else about the horse winning at Fairyhouse. He said he offered his hand in apology to Mr White outside the pub, which was not accepted.

He said he should have walked away at that point but instead started “making a nuisance” of himself.

From there was a further exchange of words before what he said was Mr White pushing and kicking out at him, grabbing him by the throat and falling to the ground. Mr McGahon said he rolled over after they were both on the ground and punched Mr White in the head four or five times because he was in “flight or fight mode”.

When contacted, Fine Gael said it was making no comment on the matter at this time. Efforts to contact Mr McGahon for comment were unsuccessful.

Party sources, speaking on condition of anonymity, said it was premature to discuss any possible internal procedures relating to the Co Louth Senator, if any, as there may be further court proceedings.

Under the party’s constitution, a disciplinary committee has the power to hear and determine on a complaint that an Oireachtas member has breached the code of conduct or acted “in a manner seriously damaging to the interests of the party”.

It has wide-ranging powers of sanction including removal or suspension of the parliamentary whip, the person being withdrawn as a candidate in an election, or, in very serious, cases expulsion.