A jury has decided that a man who kicked his father to death during a row at their home was provoked by his dad and found him guilty of manslaughter.
The jury of seven women and five men at the Central Criminal Court came to the unanimous decision after considering its verdict for more than six hours.
He will be held at the Midlands Prison until a sentencing hearing on 24 February.
The accused, 48-year-old Mark 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 in Dublin on 13 July 2018.
The trial has previously heard that a row erupted when Anthony Tims returned home from the pub on his 74th birthday and the accused told him he had “cremated” his breakfast that morning and he did not 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 “b******s and a dirty waster” and he wished he had 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.
Mr Justice Tony Hunt told the jury that it 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.”
Following today’s verdict, the judge described the case as “tragic” for the deceased, his family and for Mark Tims who, he said, did not set out on that day to kill his father.
He thanked the jurors for their attention throughout the trial and exempted them from further service for 12 years.