A 48-year-old man viciously kicked and punched his father to death following a drunken argument on the deceased's 74th birthday, a barrister has told
Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Man 'viciously' kicked and punched father to death in drunken row, murder trial told
Man 'viciously' kicked and punched father to death in drunken row, murder trial told
  • 2020-01-14 16:30:16 1 months ago
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A 48-year-old man "viciously" kicked and punched his father to death following a drunken argument on the deceased's 74th birthday, a barrister has told a murder trial at the Central Criminal Court.

Mark Tims, with an address at Rowlagh Green, Clondalkin, Dublin 22 has pleaded not guilty to murder but guilty to the manslaughter of Anthony 'Tony' Tims at the home they shared in Rowlagh Green on July 13, 2018.

Prosecuting counsel Michael Delaney SC today opened the trial and told the jury that he is confident the evidence will show that the accused man "assaulted his father in a vicious and sustained manner that led to his death."

Mr Delaney said the accused and his father lived together at the family home in Rowlagh Green but they had a "difficult and volatile" relationship and had many arguments over the years. Both men were heavy drinkers, he said, and many of their arguments related to their drinking.

July 13 was Anthony Tims's birthday and he spent the afternoon and evening drinking in Finches pub in Clondalkin before returning home at about 8pm.

The accused man had been drinking cans at home and had, Mr Delaney said, "consumed a considerable amount of alcohol".

An argument started, counsel said, and it was "probably a case of one word borrowing another" before the accused "set upon his father punching him in the face several times."

Mr Delaney said a mug may have been used to strike the older man and when Mr Tims fell to the floor the accused kicked him in the head and the trunk.

The accused man's partner Elizabeth 'Liz' McDonagh tried to intervene, counsel said, but the accused pushed her back. She went to a neighbour for help and when she returned she found Anthony Tims on the kitchen floor "in some distress and calling for help".

Mr Delaney said the accused then grabbed his coat and, according to Ms McDonagh, kicked his father again a number of times before leaving on a bicycle.

Mr Tims was taken to Tallaght Hospital where he was pronounced dead at about 10pm that night. A post mortem would show that he suffered multiple fractured ribs which caused air to enter his chest and led to both his lungs collapsing, causing his death.

'Substantial amount of alcohol'

Meanwhile, Mr Delaney said, the accused man met a friend on the street near Rowlagh Green and spoke to him about what had happened. Together they went to an off-licence and bought a "substantial amount of alcohol" which they drank at a nearby green area.

The accused man remained in that area for nearly 24 hours until he was found by a garda search party the following evening at about 8pm "hiding in some undergrowth".

Mr Delaney said the accused knew his father had died because he was in phone contact with family members.

During four interviews at a garda station he admitted assaulting his father although Mr Delaney said some of the details of his account may differ from the account given by counsel.

Mr Delaney further explained to the jury that Mr Tims has pleaded guilty to manslaughter and therefore accepts he is responsible for the unlawful killing of his father.

He said that the issue the jury will most likely have to look into is Mark Tims's state of mind at the time of the assault and, in particular, whether he intended to kill or cause serious injury to his father.

The trial continues in front of Mr Justice Tony Hunt and the jury of seven women and five men.

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Man 'viciously' kicked and punched father to death in drunken row, murder trial told

Calls for new legislation to help separated borrowers in mortgage arrears

Calls for new legislation to help separated borrowers in mortgage arrears

Banking lobbyists have called for the introduction of new legislation to ease the plight of separated borrowers who are in mortgage arrears.

It is estimated that one-in-ten cases of mortgage arrears involves borrowers who have separated.

Banking & Payments Federation Ireland (BPFI), a lobby group which represents the banking, payments and fintech sector, is calling for consideration to be given to new legislation which would better enable lenders to deal with separated borrowers who are in arrears.

The call comes in the wake of BPFI analysis which showed that lenders have to adopt a case-by-case approach because of the commercial, legal and other complexities involved.

A potential solution tabled by the lobby group is to treat each party as a single borrower with repayment capacity calculated on an individual basis, but with both borrowers remaining liable for the outstanding debt.

An alternative is to offer certain short-term alternative repayment arrangements in cases where just one party is engaging or other long-term options where both parties agree.

BPFI believes that consideration should be given by regulators and legislators to introducing new measures which could greatly help the plight of separated borrowers with mortgage arrears. These could include one or more of the following:

  • Regulation – the possibility of new regulatory provision to facilitate the engaging party and the non-cooperating party to find a workable solution;
  • Insolvency Legislation –the possibility of legislative change which would allow a lender to pursue a co-debtor who, unlike the other party in an insolvency arrangement, has not been cooperating and is not a party to the arrangement;
  • Court-approved agreements – the possibility of court-approved agreements to be put in place that may override the scope currently afforded to the non-cooperating borrower to veto an agreement;
  • Mediation – the possibility of amending the provisions of the Mediation Act 2017 to oblige solicitors in family law cases to also include the issue of the mortgage as part of the mediation stage in a separation.

Speaking on the complexity of the matter Brian Hayes, BPFI Chief Executive, said: "Lenders are doing all they can to accommodate mortgage arrears cases involving separated borrowers but there is only so much they can do on their own given the complexities involved."

BPFI has written to the Central Bank, the Insolvency Service, the Department of Finance, the Department of Justice and Equality, and MABS to seek support for introducing the changes.

Flight with rudder issue diverts to Shannon as it was unable to land in Heathrow

Flight with rudder issue diverts to Shannon as it was unable to land in Heathrow

A transatlantic flight as forced to divert to Shannon Airport this afternoon after the crew reported a technical issue that would prevent them from landing at their destination.

British Airways flight BA-274 left Las Vegas in the US at 4.40am Irish time and was due to land at London’s Heathrow Airport at 2.55pm.

At around 12.30 pm however, while the flight was still west of Ireland, the flight crew of the Boeing 747-400 jet contacted to advise them of an issue.

The pilots confirmed they had a ‘slight technical problem’ that would affect their crosswind landing capability at Heathrow and therefore they would be unable to land there.

It is understood the flight crew reported a possible problem with the jet’s rudder which would have impacted their crosswind landing capability in London where the effects of Storm Brendan were still being felt.

The crew opted to divert and land Shannon as a precaution and have the issue investigated.

A replacement aircraft was flown in to take the passengers onto Heathrow. The flight was also carrying company engineers who were flown in to investigate the problem. The flight landed without issue at 1.21pm.

The flight crew did not declare an emergency and confirmed to controllers that they would not require emergency services to be standing by for they as they expected to make a ‘normal landing.’

A British Airways spokesperson confirmed: “The aircraft diverted to Shannon as a precaution after a minor technical issue. We have sent a replacement aircraft to fly our customers back to Heathrow as soon as possible.

“We have apologised to our customers for the delay to their journey. The safety of our customers and crew is always our priority.”

The incident jet was expected to remain grounded at Shannon until the issue could be resolved.