The court rejected David Mahon's appeal and said the introduction of a lethal instrument into an "emotional situation" was unjustifiable.
Mr Justice Peter Charleton said that absent an attack with deadly force and an action in self defence in extreme circumstances, there could never be an excuse for the production of a knife.Mr Fitzpatrick was stabbed in the abdomen outside the apartment Mahon shared with Mr Fitzpatrick's mother, Audrey, at Northern Cross on the Malahide Road in Dublin.
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