Fine Gael senator sued for assault and battery outside Dundalk pub tells High Court he acted in ‘self defence’

The Dundalk-based senator is being sued by Castleblaney farmer Breen White who says Mr McGahon “rained” punches to his head as he lay on the ground outside the Rum House pub in Dundalk in the early hours of June 16, 2018.

He is suing Mr McGahon for assault and battery before a judge and jury. Mr McGahon denies the claims and says he acted in self defence.

He was previously cleared of assaulting Mr White in the incident by a criminal court jury.

Mr McGahon (33) told his counsel Hugh Hartnett on Thursday that he was intoxicated on the night having been drinking with three people he had gone to school with but who were not his friends as such.

As people started leaving the pub around 3am he was introduced to a woman who he knew and had been in the company of Mr White and his wife Linda during the night.

The woman told him the Whites were celebrating because they had won quite a lot on a horse they owned that won that day and he put his arm around Mrs White’s shoulder in what he said was a “friendly, jovial manner”.

He said he did not remember what he said to her or what her husband said. Mr White told the court Mr McGahon said to his wife: “You are coming with me”.

He said he knew however that Mr White was clearly unhappy and outside the pub he tapped Mr White on the elbow and offered his hand to him but he pushed it away.

He accepted he then “started making a nuisance” of himself, accepted he should have walked away as Mr White did not want to talk to him and regretted he did not.

The next thing was Mr White pushed him away and also raised his leg to kick him though he did not connect. As he pushed, Mr White also grabbed his throat and “frogmarched me back into the street”.

Today’s News in 90 Seconds – June 28th

Things quietened down for the next two or three minutes he said, until, as he spoke to the Whites as they sheltered from the rain under an alcove outside the pub, Mr White pushed him and grabbed his throat

“I was shocked that someone would escalate the situation to that, it takes a lot to do what he did to me”, he said.

He said he was standing with his back to the alcove and for the third time Mr White “came at me” trying to grab him and trying to pull his jumper and drag him to the ground.

One of Mr McGahon’s companions was between them but then Mr White “came running at me”, put his hand on his companion’s face pushing him out of he way. He then put his hand on Mr McGahon’s face, he said and pulled his jumper this time pulling him to the ground.

“I hit the ground hard and he (White) falls on the ground and we roll over and I hit him four or five times.

“I was in fight or flight mode and to be quite honest when you have been knocked down to the ground you cannot fly so you defend yourself”.

Cross examined by Mr White’s counsel Barra McGrory, Mr McGahon agreed he gave a radio interview more than four months after the incident, following his selection as an FG general election candidate, in which he was repeatedly asked had he been involved in a fight and he said no.

A week later, he said, he decided to give another interview to the radio station and he admitted he had been involved in a fight. He also said he had “an unhealthy relationship with alcohol” and might have a problem.

He said he went to counselling of his own volition and got help.

Asked if he regularly put his arm around complete strangers, he said: “I am an open person, I have an open countenance and that is what I am as a person”.

He did not have a clear memory of what he said after Mr White refused his apology. When counsel asked if he said “I run this town”, he said that “is the oldest cliché thrown at a politician”.

Asked by Mr Justice Alexander Owens “how many jars” he had that night, he said he had no idea.

The jury will begin deliberations on Tuesday.