A man who kicked his father to death on his 74th birthday after the older man told him he wished he’d never been born has been found not guilty of murder but guilty of manslaughter by a unanimous jury verdict.
The jury of seven women and five men at the Central Criminal Court came to their unanimous decision after six hours and 17 minutes considering their verdict.
The accused man Mark Tims (48) will be taken to the Midlands Prison where he will be held until a sentencing hearing on February 24.
Mr Tims had pleaded guilty to manslaughter but not guilty to the murder of his father Anthony ‘Tony’ Tims at the home they shared at Rowlagh Green, Clondalkin, Dublin 22 on July 13, 2018.
Following today’s verdict Justice Tony Hunt thanked the jurors for their attention throughout the trial and exempted them from further service for 12 years.
He described it as a “tragic” case for the deceased, his family and also for Mark Tims who, he said, did not set out on that day to kill his father.
The trial has previously heard that a row erupted when Anthony ‘Tony’ Tims returned home from the pub on his 74th birthday and the accused told him he had “cremated” his breakfast that morning and he didn’t want him to cook his breakfast again.
The accused’s then girlfriend Elizabeth McDonagh told the trial that Anthony Tims “got a bit thick” and told his son he was a “disappointment”, a “bollocks and a dirty waster” and he wished he’d never been born.
She said Mark Tims, who was “in a rage”, assaulted his father and kicked him while the older man lay on the ground.
In garda interviews Mark Tims said his father kept “at me and at me” over drinking cans of Guinness at home.
He said he “lost it” and struck his father with a cup and when he fell to the ground he kicked him three times.
Justice Hunt told the jury that they must find the accused guilty of manslaughter and not murder if it was reasonably possible that he was so provoked by his father’s words that he suffered a “sudden and temporary loss of control rendering him so subject to passion as to make him for the moment not master of his mind.”