Fine Gael senator ordered to pay €39,000 to man over pub assault

Farmer Breen White, from Castleblaney, Co Monaghan, sued Mr McGahon for assault and battery outside the Rum House pub in Dundalk, Co Louth, on June 16, 2018.

Mr McGahon (33), who was elected to the Seanad subsequent to the incident, denied the claims and said he was assaulted and acted in self defence.

The jury was asked to decide if he was assaulted and whether any damage suffered by Mr White was caused or partly caused by want of care on his part.

The jury, after just under three and a quarter hours, found he had been assaulted, awarded a total of €60,000, including €10,000 for aggravated damages, and apportioned blame at 65pc against Mr McGahon and 35pc against Mr White.

Mr Justice Alexander Owens, who presided over the four day trial, gave a decree for €39,000 against Mr McGahon. He thanked and discharged the jury and exempted them from service for nine years.

He also adjourned the issue of costs to next week.

The jury was told during the trial that in 2022, Mr McGahon, Faughart Gardens, Dundalk, was cleared by a Circuit Court jury on a charge of assault causing harm to Mr White over the incident.

In his High Court civil action, Mr White claimed Mr McGahon put his arm around his (White’s) wife Linda and said “you are coming with me” as they left the Rum House around 2.30/3am.

He said when he protested, Mr McGahon said “what is it to you” and he replied that she was his wife. Mr McGahon waved his hands and mumbled some words before the couple went out on the street, he said.

He said Mr McGahon then followed him on to the street, grabbed him by the arm and said “what’s your problem with me”. He said he replied: “I have no problem with you, go about your business”.

Mr White said Mr McGahon then said “who are you, I don’t know you, what’s your name and I said you wouldn’t know me”.

Mr White, who gave evidence as pub and garda CCTV of the incident was shown to the court, said this questioning about who he was continued as the couple took shelter from the rain in an alcove outside the pub.

They were waiting there for a lift from Mr White’s son having been out that night because a horse Mr White owned, called Total Demolition, won at Fairyhouse that day.

Mr White told his counsel that Mr McGahon also said “I run this town and you should know me”.

Mr McGahon denied he ever said that and that it was the “oldest cliché” that could be thrown at a politician.

Mr McGahon, in his evidence, said he was intoxicated and admitted that around this time he had an “unhealthy relationship” with alcohol for which he then got counselling.

He said he had put his arm around Linda White in “a friendly, jovial manner” after being told by someone else about the horse winning at Fairyhouse.

Outside the pub he said he offered his hand in apology to Mr White which was not accepted.

He said he should have walked away at that point but instead started “making a nuisance” of himself.

From there there was a further exchange of words before what he said was Mr White pushing and kicking out at him, grabbing him by the throat and falling to the ground.

Mr McGahon said he rolled over after they were both on the ground and he punched Mr White in the head four or five times because he was in “flight or fight mode”.