Man acquitted of assault after victim's absence

Dave Mahon, 53, has been found not guilty of assaulting his elderly neighbor, Jim Fahy, 73. The decision came after Fahy did not appear in court for the trial, which was delayed since 2021. Judge John Aylmer directed the jury to acquit Mahon due to the absence of the alleged victim. During the incident in August 2021, Mahon admitted to headbutting Fahy at a barbeque. Fahy sustained two swollen black eyes. Mahon claimed he acted in self-defense after Fahy made comments about his wife following a joke Mahon made about food. The judge noted that the only witness, Noel Byrne, provided limited information. He felt it was not fair to proceed without the alleged victim. Mahon’s lawyer highlighted that Fahy had expressed a desire to retract his statement earlier this year. Fahy had been hospitalized for unrelated health issues for 53 days, complicating his ability to attend the trial. Efforts to reach him before the trial were unsuccessful. The investigating officer, Detective Garda Mark Burke, also had trouble contacting the other witnesses. In court, Mahon explained that alcohol played a role in the events leading up to the incident. He said everyone at the barbeque had been drinking, and that is when tensions rose.