Case No. 2040Assault · Co. Leitrim · 26 Aug 2021

Dave Mahon acquitted of assault causing harm in Carrick-on-Shannon

Dave Mahon, 53, of Breffni Crescent, Carrick-on-Shannon, was charged with Section 3 assault causing harm after allegedly headbutting and punching his neighbour Jim Fahy, 70, during a barbecue at an address in Breffni Court on 26 August 2021. The case was first listed in 2021 and was adjourned on seven occasions before trial. A jury was sworn in at Carrick-on-Shannon Circuit Court on 19 March 2025, where Mahon pleaded not guilty. On 21 March 2025, Judge John Aylmer directed the jury to sign a not guilty verdict, acquitting Mahon.

  1. Reportednot reported
  2. Arrestednot reported
  3. Chargednot reported
  4. In court8 Nov
    6 reports
  5. Acquitted21 Mar
  6. Sentenced
reportedhappened, not reportedlatest stagenot yet

Key facts

consolidated from all reports
What happened
  • Dave Mahon, 53 (reports differ: 51), of Breffni Crescent, Carrick-on-Shannon, is accused of assault causing harm to his neighbour Jim Fahy, 70 (reports differ: 73), during a barbecue.
  • Witness Noel Byrne, 48, said Mahon headbutted Fahy and hit a few punches as they fell to the floor, leaving blood on the floor.
  • A medical assessment found Fahy had a sustained nosebleed and his right eye was closed due to extensive bleeding.
Where
The alleged assault occurred at an address in Breffni Court, Carrick-on-Shannon, Co Leitrim.
When
The alleged assault took place on 26 August 2021.
Charges
Mahon pleaded not guilty to a single charge of Section 3 assault causing harm.
In court
  • The case was first listed in 2021 and was adjourned on seven occasions before the trial commenced at Carrick-on-Shannon Circuit Court in March 2025.
  • A jury of six men and six women was sworn in on 19 March 2025 before Judge John Aylmer.
Sentence
On 21 March 2025, Judge Aylmer directed the jury to sign a not guilty verdict, acquitting Mahon.
Other details
  • Mahon is the stepfather of missing teenager Amy Fitzpatrick and served time for the manslaughter of her brother Dean Fitzpatrick.
  • The alleged victim Jim Fahy was not present in court during the trial.
70 statements extracted from the articles
  • whatDave Mahon is 53 and from Breffni Crescent, Carrick-on-Shannon (irishmirror.ie)
  • whatDave Mahon is 53 years old (irishmirror.ie)
  • whatJim Fahy is 70 years old (irishmirror.ie)
  • whatDave Mahon, 53, of Breffni Crescent, Carrick on Shannon, Co Leitrim, is the accused. (irishmirror.ie)
  • whatDave Mahon is accused of assault causing harm to his neighbour Jim Fahy during a barbecue (irishmirror.ie)
  • whatThe first witness, Noel Byrne, 48, was present at Fahy's home from about 4pm on the day of the incident (irishmirror.ie)
  • whatDave Mahon and his wife Audrey were also at the barbecue (irishmirror.ie)
  • whatDave Mahon was on top of Jim Fahy with blood on the floor (irishmirror.ie)
  • whatMr Byrne recalled Mr Fahy putting the flat of his hand in front of Mr Mahon's face but claimed it did not make contact (irishmirror.ie)
  • whatMahon headbutted Fahy, leaving him with two swollen black eyes. (irishmirror.ie)
  • whatA medical assessment determined Fahy had a sustained nosebleed and his right eye was closed due to extensive bleeding. (irishmirror.ie)
  • whatMahon and Fahy fell to the floor and Mahon hit a few punches on the way down. (irishmirror.ie)
  • whatMahon claimed he had a cut on his nose from a punch he received. (irishmirror.ie)
  • whereThe trial was due at Leitrim Circuit Criminal Court in Carrick-on-Shannon. (irishmirror.ie)
  • whereDave Mahon lives at Breffni Crescent, Carrick on Shannon, Co Leitrim (irishmirror.ie)
  • whereThe alleged assault occurred at an address in Breffni Court, Carrick on Shannon. (irishmirror.ie)
  • whenThe alleged assault took place more than two years before the hearing. (irishmirror.ie)
  • whenThe alleged assault took place on 26 August 2021 (irishmirror.ie)
  • whenThe assault occurred at a barbeque on 26 August 2021. (irishmirror.ie)
  • chargeMahon is accused of assault causing harm to Jim Fahy, aged 70, in August 2021 in the town. (irishmirror.ie)
  • chargeMahon is accused of assault causing harm to pensioner Jim Fahy, 70, in August 2021 in Carrick-on-Shannon. (dublinlive.ie)
  • chargeHe is accused of assault causing harm to Jim Fahy (70) in August 2021 (irishmirror.ie)
  • chargeDave Mahon pleaded not guilty to a single charge of Section 3 assault causing harm (irishmirror.ie)
  • chargeMahon pleaded not guilty to a single charge of Section 3 assault causing harm. (irishmirror.ie)
  • courtProsecution counsel asked for an adjournment because a key Garda witness's wife had given birth to twins. (irishmirror.ie)
  • courtDefence counsel asked for the case to be struck out because it had been adjourned on seven previous occasions. (irishmirror.ie)
  • courtThe judge declined to strike out the case and adjourned it until February. (irishmirror.ie)
  • courtThe judge marked the case as peremptory, meaning it will be struck out if it does not proceed next February. (irishmirror.ie)
  • courtDave Mahon was due to stand trial at Leitrim Circuit Criminal Court in Carrick-on-Shannon over an alleged assault. (dublinlive.ie)
  • courtThe prosecution asked for an adjournment because a key Garda witness's wife had given birth to twins, and the witness would not be available that week. (dublinlive.ie)
  • courtThe defence asked for the case to be struck out because it had been adjourned on seven previous occasions. (dublinlive.ie)
  • courtJudge Aylmer declined to strike out the case and adjourned it until February. (dublinlive.ie)
  • courtJudge Aylmer marked the case as peremptory, meaning it will be struck out if it does not go ahead in February. (dublinlive.ie)
  • courtDave Mahon appeared before Carrick on Shannon Circuit Court on 18 March 2025 (irishmirror.ie)
  • courtDefence counsel told the judge the matter was ready to proceed for trial (irishmirror.ie)
  • courtJudge John Aylmer set the trial for the following day (irishmirror.ie)
  • courtThe trial is expected to last three days (irishmirror.ie)
  • courtAt a previous hearing last year the court was told the matter could not go ahead as Audrey was unwell (irishmirror.ie)
  • courtJudge Aylmer granted an adjournment and the matter has been put back a number of times (irishmirror.ie)
  • courtThe trial is being held at Carrick on Shannon Circuit Court (irishmirror.ie)
  • courtJudge John Aylmer is presiding over the trial (irishmirror.ie)
  • courtA jury of six men and six women was sworn in (irishmirror.ie)
  • courtThe trial is expected to last two to three days (irishmirror.ie)
  • courtThe trial is before Carrick on Shannon Circuit Court. (irishmirror.ie)
  • courtThe jury consists of six men and six women. (irishmirror.ie)
  • courtThe trial was scheduled to last two to three days and could go into the following week. (irishmirror.ie)
  • courtJim Fahy, the alleged victim, was not present in court. (irishmirror.ie)
  • courtThe trial is being heard at Carrick on Shannon Circuit Court (irishmirror.ie)
  • courtPeter Nolan SC is defending Dave Mahon (irishmirror.ie)
  • courtDave Mahon was acquitted of assaulting Jim Fahy at Carrick on Shannon Circuit Court. (irishmirror.ie)
  • courtJudge John Aylmer directed the jury to sign a not guilty verdict. (irishmirror.ie)
  • courtThe case was first listed in 2021. (irishmirror.ie)
  • sentenceThe maximum penalty for the offence at circuit court level is five years in prison. (irishmirror.ie, dublinlive.ie)
  • otherMahon did not speak during the short hearing. (dublinlive.ie)
  • otherThe case had experienced a number of delays (irishmirror.ie)
  • otherDave Mahon is married to Audrey Mahon (irishmirror.ie)
  • otherEoin McGovern BL is acting for Dave Mahon (irishmirror.ie)
  • otherDave Mahon's wife is receiving treatment in Sligo (irishmirror.ie)
  • otherThe alleged victim Jim Fahy is not present in court (irishmirror.ie)
  • otherMahon's wife Audrey is present in court (irishmirror.ie)
  • otherMahon's wife Audrey was present in court. (irishmirror.ie)
  • otherMahon claimed self defence for the assault. (irishmirror.ie)
  • otherMahon is the stepfather of missing teenager Amy Fitzpatrick. (irishmirror.ie)
  • otherMahon served time for the manslaughter of Dean Fitzpatrick. (irishmirror.ie)
  • otherFahy stated at one point that he wanted to retract his statement. (irishmirror.ie)
  • otherThe incident started when Mahon made a joke about getting McDonalds and Fahy made remarks about Mahon's wife Audrey. (irishmirror.ie)
  • otherWitness Noel Byrne was stopped in the street by an undercover garda who told him he would be arrested if he did not comply with a court summons. (irishmirror.ie)
  • otherFahy had been in hospital for 53 days for an illness not related to the case. (irishmirror.ie)
  • otherFahy was in a medical ward of Sligo University Hospital with a plan to transfer him to a step down service or nursing home. (irishmirror.ie)
  • otherMahon said Fahy told him he did not want to press charges. (irishmirror.ie)

The reporting

newest first
  1. 21 Mar2025
    Convicted killer Dave Mahon acquitted of assaulting pensioner neighbour

    Reports the acquittal of Dave Mahon at Carrick on Shannon Circuit Court, including the judge's reasoning, the absence of the alleged victim, limited witness evidence, and Mahon's account of the barbeque incident.

    accused, Dave Mahon, 53, male, named, irish (judged from name)Dave Mahonvictim, Jim Fahy, 73, male, irish (judged from name)Jim Fahy
  2. 20 Mar2025
    Dave Mahon assault trial: Witness claims pensioner was repeatedly punched

    Reports the first day of the trial where witness Noel Byrne gave evidence about the headbutt and punches, and defence counsel Peter Nolan SC cross-examined him on his memory, drinking, and the sequence of events.

    accused, Dave Mahon, 53, male, named, irish (judged from name)Dave Mahonvictim, Jim Fahy, 73, male, irish (judged from name)Jim Fahy
  3. 19 Mar2025
    Jury in Dave Mahon trial over alleged assault told to return to court tomorrow

    Trial commenced on 19 March 2025; Mahon pleaded not guilty. The jury of six men and six women was empanelled but adjourned to 10:30am the next day due to difficulties in calling evidence. Jim Fahy was not present in court. The trial was expected to last two to three days.

    victim, Jim Fahy, 73, male, irish (judged from name)Jim Fahyaccused, Dave Mahon, 53, male, named, irish (judged from name)Dave Mahon
  4. 19 Mar2025
    Jury sworn in at trial of Dave Mahon who pleads not guilty over alleged assault

    Jury sworn in at the start of the trial; Mahon pleads not guilty; trial expected to last two to three days; victim not present in court; Mahon's wife Audrey in attendance.

    victim, Jim Fahy, 70, male, irish (judged from name)Jim Fahyaccused, Dave Mahon, 53, male, named, irish (judged from name)Dave Mahon
  5. 18 Mar2025
    Dave Mahon to go on trial tomorrow for alleged assault

    Reports that the trial was set for 19 March 2025 after multiple adjournments due to the accused's wife being unwell; trial expected to last three days; defence counsel Eoin McGovern BL told the court the matter was ready to proceed.

    accused, Dave Mahon, 53, male, named, irish (judged from name)Dave Mahonvictim, Jim Fahy, 70, male, irish (judged from name)Jim Fahy
  6. 9 Nov2023
    Stepfather to missing Amy Fitzpatrick has assault case adjourned again

    Reports that the trial was adjourned because a key Garda witness's wife gave birth to twins, that the case had been adjourned seven previous times, and that it is marked peremptory for February.

    accused, Dave Mahon, 51, male, named, irish (judged from name)Dave Mahonvictim, Jim Fahy, 70, irish (judged from name)Jim Fahy
  7. 8 Nov2023
    Dave Mahon assault case adjourned again as key Garda witness became dad to twins

    Court hearing in which the trial was adjourned to February and marked peremptory. The article does not give a day for the August 2021 assault.

    accused, Dave Mahon, 51, male, named, irish (judged from name)Dave Mahonvictim, Jim Fahy, 70, irish (judged from name)Jim Fahy