Murder trial delay sought to allow accused a hip replacement

Judge wants sworn affidavit from consultant surgeon before considering adjournment

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

The judge said 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 (44), of Ongar Village, Clonsilla is charged with murdering 23-year-old Dean Fitzpatrick on May 26th, 2013 at Northern Cross on Dublin’s Malahide Road.

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


Mr Guerin said 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.

‘Severe pain’

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 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 he needed a sworn affidavit from Mr Mahon’s surgeon, highlighting the “urgency” of the operation and stating it could not be postponed, before he could consider adjourning the trial.

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