Fine Gael senator John McGahon has been cleared of a charge of assault causing harm following a four day trial at Dundalk Circuit Court.
The 31-year-old, of Faughart Gardens, St Mary’s Road, Dundalk, had pleaded not guilty to assaulting Breen White causing him harm at or about Park Street, Dundalk on June 16th, 2018. Mr McGahon told gardaí he had acted in self defence.
The court heard the case arose from an incident that night when the defendant put his arm around Mr White’s wife as she and her husband were leaving The Rumhouse pub and restaurant.
Mr White told prosecuting counsel Carl Hanahoe BL that he told Mr McGahon to leave his wife alone, but words were exchanged outside followed by “handbags stuff” before there was a scuffle and the next thing he knew he was on the ground “getting knocks and bangs about the head”.
When asked by defence barrister Hugh Hartnett SC who threw the first blow, Mr. White replied: “As far as I’m concerned it was John.” When pressed again, the witness said: “I can’t say for definite.”
The jury was shown CCTV footage from the night and heard that Mr White told a doctor that he had been assaulted by four people, who had kicked and punched him. He was treated for superficial lacerations to his forehead and nose.
A garda gave evidence of meeting the defendant on the night and said Mr McGahon was intoxicated but was not detained. The court heard that when he was arrested four months later Mr McGahon told gardaí that putting his arm around the woman was totally innocent, friendly and something he did regularly.
He said he offered an apology to the couple when Mr White took issue with his behaviour but more words were exchanged outside and as tensions increased and pushing and shoving followed. He said Mr White was aggressive and lunged at him but missed him and hit the ground.
Mr McGahon said he also ended up on the ground having retaliated and that he hit Mr White with open handed slaps. He said there was a lot of blood on Mr White’s face from when he hit the pavement after lunging at him.
After failing to reach a unanimous verdict following more than 2½ hours of deliberations, Judge Dara Hayes told the jury he would accept a majority verdict of at least 10 to one. Following a further four hours of deliberations, the jury found the accused not guilty.
Speaking afterwards, Mr McGahon said he was “extremely relieved and delighted to have been found not guilty” and was looking forward to getting back to his work as a Senator.
In a statement, Fine Gael said Mr McGahon has “always maintained his innocence and a jury has found him not guilty. This matter has now concluded”.