The jury in the trial of Fine Gael Senator John McGahon, who is accused of seriously assaulting a man in his 50s outside a bar and nightclub in Co Louth, is to resume its deliberations on Friday.
Mr McGahon (31), of Faughart Gardens, St Patrick’s Terrace, Dundalk, has pleaded not guilty at Dundalk Circuit Court to a charge of assaulting Breen White causing him harm on Park Street, Dundalk, on June 16th, 2018.
A garda who spoke to the defendant on Earl Street on the night in question told the jury of four men and seven women on Thursday that the accused was intoxicated but was not arrested.
When questioned four months later, Mr McGahon told gardaí that as everybody was being moved out of The Rumhouse, he put his arm around a woman’s shoulder. He said it was totally innocent, friendly and something he did regularly. He said her husband took issue and said as much to him. He offered an apology and the couple left the premises ahead of him.
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The accused said more words were exchanged outside, where all three had stood in for shelter, and he told the complainant there was no need to be annoyed or angry at him.
Mr McGahon said tensions then increased. Mr White was in his face and aggressive, Mr McGahon said, adding that as the complainant lunged at him, he missed and hit the ground.
The accused said he also ended up on the ground, having retaliated and hit Mr White with open-handed slaps. He added that there was a lot of blood on Mr White’s face from where he had hit the pavement after lungeing at him.
The jury heard medical evidence that noted Mr White had told a doctor he had been assaulted by four people who had kicked and punched him in the face. He was treated for superficial cuts on his forehead and the bridge of his nose.
In his closing speech, prosecutor Carl Hanahoe BL told the jury that in his view the defendant’s lack of previous convictions and Mr White having previously settled with the Criminal Assets Bureau was “not at all relevant” and did not excuse or justify Mr McGahon’s behaviour on the night. He said the injuries sustained “were not caused by an open-handed slap”.
Hugh Hartnett SC, defending, urged the jury to have regard to how his client considered the circumstances at the time. He said his client put his arm around a woman he did not know in a narrow area of the premises where everybody was moving out. He apologised for having done it and, it was put to the jury, “that is not initiating an aggressive assault”.
He argued that the violence began when the complainant pushed his client and that Mr White had caught his client by the throat and subsequently rammed his hand into his face.