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 County Louth almost four years ago, has suspended its deliberations and will resume considering its verdict tomorrow.

The 31-year-old 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 16 June 2018.

A Garda who spoke to the defendant on Earl Street on the night in question today told the jury that the accused was intoxicated but was not arrested.

When he was four months later, the defendant told gardai that as everybody was being moved out of The Rum House he put his arm around a woman’s shoulder. He said it was totally innocent and friendly and something he did regularly.

He said her husband took issue with this and said as much to him and he offered an apology and the couple left the premises ahead of him.

The accused said more words were exchanged outside where all three had stood for shelter, and he told the complaint there was no need to be annoyed or angry at him and to accept his apology, but Mr McGahon said tensions increased and Mr White had lifted his leg towards him.

He thought he was going to kick him, but he didn’t and pushing and shoving followed when someone he knew from school put his arm around Mr McGahon in a bid to calm him down.

He said Mr White was in his face – getting up close and aggressive, and claimed he lunged at the defendant, missed him and hit the ground.

Mr McGahon said he too ended up on the ground having retaliated and said he’d hit the complainant with open-handed slaps.  He added there was quite a lot of blood on Mr White’s face from where he hit the pavement after lunging at the accused.

The jury heard the medical evidence that noted Mr White told an E.D. doctor that he had been assaulted by four people who had kicked and punched him in the face and he was treated for superficial lacerations on the forehead and bridge of his nose.  

In his closing speech, Prosecutor Carl Hanahoe BL told the jury in his view the defendant having no previous convictions and Mr White having settled with the Criminal Assets Bureau is “not at all relevant” and does not excuse or justify Mr McGahon’s behaviour on the night.

He added the injuries sustained “were not caused by an open-handed slap”.  Mr Hanahoe further argued that while Mr McGahon had claimed he had stood in for shelter CCTV footage of the first part of the incident showed him standing in the rain and claimed it was “quite clear from those stills what is being administered”.

He added it was clear that Mr McGahon “was not panicked” and that “his blood was up” and Mr Hanahoe claimed the accused had initiated this incident and even if Mr White had pushed the defendant, “what occurred was an explosion of violence and it was utterly disproportionate.

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”.

Mr Hartnett argued that the violence began with the complainant pushing his client twice and on the second occasion pushing him into the centre of the road. He added Mr White had caught his client by the throat and subsequently rammed his hand into his face.

The Senior Counsel said he had brought up Mr White’s €537,000 settlement with CAB as there is an issue in relation to his credibility as a witness.  Mr Hartnett claimed the complainant “came out of his corner like a boxer” and “he was going in there to attack – plain as a pikestaff”.

He asked the jury to consider if Mr McGahon was using more force than he thought was necessary and if the Prosecution has proven the case beyond all reasonable doubt.

Trial Judge Dara Hayes told the jury they have to decide if Mr McGahon is guilty of assaulting Mr White causing him serious harm and that he did so without lawful excuse, and that the Prosecution has negatised the defence of ‘self-defence’.

The jury of four men and seven women retired to consider its verdict shortly before 2.30pm.