Spain - Amy Fitzpatrick, 15, Malaga, 1 Jan 2008

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Hi, I'm a newcomer to WS, following a different case, but I've always wondered what on earth the case of AF was all about. It seemed to be all over MSM at one point, and then nothing concrete - just the odd sensational snippet. Well, let's face it, the whole story is 'sensational'.

My thoughts after reading through this thread are - Dear God, how could this happen. The poor child! I cannot CANNOT understand the attitude of the mum AF (or AM now). It's beyond belief...

Anyway, thank you Legally Bland, for continuing to post about it.
Maybe... one day... somebody will have something to say

Here's a tweet & reply about DM
[video=twitter;900253691877486592]https://twitter.com/Healyhack/status/900253691877486592[/video]
 
DM's appeal against sentencing was heard yesterday, awaiting the verdict. His barrister's words really don't sit well with me.
_______________

Opening an appeal against the severity of his sentence today, Mahon's barrister, Seán Guerin SC, said there was no case “quite like this”.

He said Mahon was factually proven only to have produced the knife. That was all Mahon did, Mr Guerin said. He produced the knife, he didn't thrust it, he didn't stab, and because he didn't thrust it, he didn't commit an act that could have amounted to a physical assault.

Mr Guerin there were two distinct views open to the jury. The prosecution case for murder was that Mahon took out a knife and deliberately stabbed Mr Fitzpatrick causing his death.

The alternative view was that Mahon had merely produced the knife as if to show the victim “as it were”. He either intended to put him in fear or was reckless to put him in fear.

Mr Guerin said the only conclusion which could be drawn from the verdict is that the jury were not satisfied beyond a reasonable doubt that Mahon had stabbed the deceased.

Once that is acknowledged, Mr Guerin said it becomes clear that this was a “very unusual case” involving a “very low” level of culpability.

https://www.independent.ie/irish-ne...ntence-for-killing-partners-son-36252530.html
 
Annela said:
Hi, I'm a newcomer to WS, following a different case, but I've always wondered what on earth the case of AF was all about. It seemed to be all over MSM at one point, and then nothing concrete - just the odd sensational snippet. Well, let's face it, the whole story is 'sensational'.

My thoughts after reading through this thread are - Dear God, how could this happen. The poor child! I cannot CANNOT understand the attitude of the mum AF (or AM now). It's beyond belief...

Anyway, thank you Legally Bland, for continuing to post about it.
Maybe... one day... somebody will have something to say

Here's a tweet & reply about DM
[video=twitter;900253691877486592]https://twitter.com/Healyhack/status/900253691877486592[/video]
Click to expand...

Welcome Annela :)

:welcome:
 
I wonder if the mom's complacency with this is a form of trauma-bonding. It seems like she is a victim in this, has been left powerless, and overtime her personal safety is eroded. Originally, she may have stayed to figure out what happened and slowly was psychologically ensnared. It's not uncommon for this sort of thing, like Stockholm Syndrome, to occur. I hope she is getting help.
 
Appeal dismissed.

Mr Justice Birmingham, who sat with Mr Justice Michael Peart and Mr Justice Alan Mahon, said the sentence decided upon was not out of line with sentences imposed in previous cases that might be regarded as broadly similar.

There were aggravating factors, including the following of Mr Fitzpatrick from the apartment, the production of a large knife during the course of an altercation, Mahon's leaving of the scene and the failure to seek medical assistance.

The relationship between Mahon and Mr Fitzpatrick was relevant.

On the other hand, Mahon pleaded guilty to manslaughter in advance of his trial for murder and he came before the court without previous convictions of any relevance.

In the Court of Appeal's view, it was a sentence that fell within the available range and the appeal was accordingly dismissed.

https://www.independent.ie/irish-ne...s-sevenyear-jail-term-is-upheld-36389447.html
Click to expand...
 
Bit more on the appeal:

One of the routes by which the jury may have arrived at the verdict of unalwful and dangerous act manslaughter was in finding that Mahon committed the unlawful and dangerous act of putting Mr Fitzpatrick in fear, Mr Justice Birmingham said.

The court did not disagree with the principle that a sentencing court is obliged to proceed on the basis most favourbale to the accused.

However, in the Court of Appeal's view, it was “going too far” to say the verdict returned by the jury must definitively mean they concluded that the knife had been produced by Mahon to frighten. There were a number of possible routes by which the jury could have arrived at a manslaughter verdict, Mr Justice Birmingham said.

In the case of murder trials which result in manslaughter convictions, Mr Justice Birmingham said it will sometimes be the case that several different scenarios have been canvassed to a greater or lesser extent.

Sometimes a verdict is explained by the prosecution's failure to exclude an issue raised like provocation, or the prosecution's failure to prove one of the ingredients of murder, particularly the intention to kill or cause serious injury.

In such cases, it may be appropriate for the sentencing judge to form an overview of the case and to sentence accordingly, Mr Justice Birmingham said.

In this case, the judge did not specifically address or rule on the submissions made to her. However, taking an overview of the case, the sentence imposed by her was “quite typical of knife manslaughters”.

He said sentences of eight years, one year higher than was imposed on Mahon, were imposed by the Court of Criminal Appeal in DPP v Dillon, DPP v Kelly and DPP v Cooney, where guilty pleas to manslaughter had been offered.

Mr Justice Birmingham, who sat with Mr Justice Michael Peart and Mr Justice Alan Mahon, said the sentence decided upon was not out of line with sentences imposed in previous cases that might be regarded as broadly similar.

There were aggravating factors including the following of Mr Fitzpatrick from the apartment, the production of a large knife during the course of an altercation, Mahon's leaving of the scene and the failure to seek medical assistance. The relationship between Mahon and Mr Fitzpatrick was relevant.

http://www.irishexaminer.com/breaki...-killing-stepson-dean-fitzpatrick-817650.html
Click to expand...
 
[FONT=&quot]Hypothetically speaking,[/FONT]

[FONT=&quot]
The night Amy went missing Mahon and Audrey were at a party by all accounts they were pretty drunk. My understanding is she (Audrey) never made it to bed. She may claim she was tired but my personal opinion is she was drunk. I doubt Audrey would leave a party early without good reason. They are supposed to have arrived home from the party 20 minutes to a half hour after or before Amy left her friend’s house to head home. I think this is important as this would mean they arrived home around the same time as Amy. This 20 minutes has stretched over time to place more of a gap between them and Amy arriving home. Taking into account Amy's strong character it is my opinion that Amy made it home and may have been furious with her Mother or Mahon or both. It could be that Audrey was so drunk she may not be aware of what happened in the room or was part of what happened in the room. This would explain her not-so-rational behaviour over the last number years.[/FONT]
[FONT=&quot]
Many people have stated Mahon has some hold over Audrey and that is a real possibility when you read the above.[/FONT]

[FONT=&quot]Regarding the murder of Dean Fitzpatrick that is exactly what it was - murder. Mahon was not alone in the apartment; there were three full grown men altogether including Mahon. Dean did not stand a chance of getting away from them once Mahon lured him into the apartment. One of those men said in court that Dean just wanted to get away and made it just outside the apartment door to the landing area where Mahon had followed him with the knife.

[/FONT]
[FONT=&quot]As one member of the Gardai said to Mahon in the video interview in the Garda Station, “you brought the knife to the party not Dean.”[/FONT]
[FONT=&quot]
This was clearly a planned murder by Mahon easily seen by the amount of times he tried to make contact with Dean on the phone. Dean’s final demise was down to a dirty trick by Mahon even though his father Christopher warned him about how sly Mahon could be. So what was the one thing he could use to get Dean to the apartment? His mother. [/FONT]
[FONT=&quot]Dave Mahon told Dean on the phone (a conversation overheard by Christopher) that he needed to talk to him about his mother, that it was serious and urgent that he came to the apartment straight away. [/FONT]
[FONT=&quot]Christopher Fitzpatrick's evidence was not allowed in court so the jury did not get to hear it but everybody else did. They say don't blame the jury on the verdict. I’m sorry but I do. It was painting pictures by numbers, clear as day that Dean was hunted and murdered by Dave Mahon.[/FONT]
It is the shambles of Irish law that this tragedy even occurred and I quote:

Quote

In a hearing earlier this year, a court heard how an off-duty garda saw Mahon driving erratically, breaking several red lights and swerving in front of oncoming vehicles. In court, Judge Ann Watkin described the 42-year-old’s dangerous driving as being “horrendous”.

He was given a four-month jail term and five-year ban, reduced on appeal to a suspended sentence and three-year ban.
 
Welcome, factclicker!

Do you have any idea why the witness to Dean's death didn't testify?

I mean it could be anything, maybe medical? I just feel this was the difference between a murder conviction and one for manslaughter. (I don't think it helped that the prosecutor had to backtrack after exaggerating the injuries, either).
 
One of the main witness did testify the other did not the one that did was a taxi driver and friend of Dave Mahon.
He was the one who drove Mahon around most of the night after the Murder and had lots of time to talk about what they had done and make plans.
Eventually ending up in Mahons fathers house after checking if the coast was clear and then making his way to his own house but checking the murder scene once again on the way home.
Amazingly there was a point in the case when this man was giving evidence Audrey Mahon stormed out of the court. The jury was then dismissed for a short time and Audrey Mahon was sent for by the judge and rebuffed for her behaviour.
I do think he was economical with the truth but lets say he went 95% with the full truth but he did not give it a 100% in my opinion.
The other guy who was in the apartment did not show up in the court and no explanation was given as far as I know to anybody. I suggest some internet research. It could also be he was hostile but that's just my guessing and not fact.
I don't think there was any exaggerating the injuries the knife went into Deans body and stopped when it hit his spine from front to back. Audrey Mahon left the court room during those gruesome details.
 
(Allegedly)
On the night Dean was killed.
Sarah who was Deans girlfriend and mother of Deans baby son phoned Audrey who was allegedly looking after her own ill father to let her know Dean had been Murdered by Mahon. Audrey on answering the phone told Sarah that Dave Mahon was going to kill dean when he gets him only to be informed he had Murdered Dean.
I find it a bit convenient that Audrey so happens to be looking after her father who only lives a short distance away from where Dean was killed on that exact night.
Was it plan that she not be there to see Mahon kill her son?
Judging how she answered the phone she clearly knew something was going to happen.
There is no doubt Dean had taken heed of his own fathers warning about how sly Mahon could be. On the cctv footage from the apartment complex you can clearly see Dean cycle up and down looking and checking the area out. Dean was born just across the road from the apartments before his mother and father split up. In other words he knew the area and had lots of friends around there so had no need to be in fear or cautious yet he looked like he was.
His manner was passive as he could be seen helping a group of older people get access to the apartment block main door. He 100% held back going in with his bike until the older group of people needed access. Not a guy looking for any kind of trouble to me.
When I say he held back entering the apartment block I mean he passed by the door and had a good look before helping the older group.
 
SPANISH police are investigating the pal of a Kinahan bagman in the murder of Amy Fitzpatrick, the Irish Sun can reveal.

The man, a British national, was identified by a terrified witness who said she overheard him discussing having buried the teenager’s body in a secret location following her disappearance on New Year’s Day 2008.

However, cops believe the man may be only one of a number of people involved in then 15-year-old Amy’s disappearance.

The woman told police she accidentally eavesdropped on a phone conversation between the suspected killer and her boyfriend, a cartel money launderer, in which her partner also asked the man if he had “got rid of the mattress”.

She believed this was a reference to a mattress in the man’s apartment. The woman said she knew the name of the British man, but did not know much about him beyond the fact he had done time in jail.

Missing Amy 'murdered & buried by Kinahan Cartel 's pal', witness tells cops
 
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