Mackey's hopes dashed within 30 seconds

Seán Mackey's hopes of having his two-year sentence for violent disorder reduced were dashed within 30 seconds.

With no preamble, the presiding judge, Ms Justice McGuinness, simply stated that the Court of Criminal Appeal did not believe the trial judge had erred in principle in the sentence imposed.

The court was dismissing the appeal and Mackey was going back to prison to serve out the remainder of his sentence.

Sitting on the wooden bench that runs along the wall of the Hugh Kennedy courtroom in the Four Courts complex, Mackey sat impassively, his left hand chained to a prison officer.

Beside him, as the judgment in his appeal was read out, his girlfriend squeezed his right hand.

As the packed courtroom scrambled for a copy of the full written 26-page judgment, she leaned over and kissed him on the cheek.

In the back of the court, having heard the appeal dismissed, the family of Brian Murphy, the young man who was kicked and beaten to death outside the Burlington Hotel in August 2000, turned and silently walked away.

Mackey had arrived early for the judgment. Outside the court he was embraced by his family.

Mackey has been in prison since last March.

In his appeal he did not challenge his conviction, but argued that the two-year sentence imposed was excessive.

However, in its findings, the Court of Criminal Appeal stated that the trial judge had "carried out his task of analysing and weighing the aggravating and mitigating factors with great care and, in the view of this court, he reached a just and fair balance in imposing sentence".

The appeal dismissed, Mackey remained in the court with his family and friends for several minutes.

He later moved outside to a secluded corner of the Four Courts complex for final words with his family. At about 10.30 a.m. he embraced his family, kissed his girlfriend and walked back to a waiting prison van handcuffed to a prison officer.

He is expected to remain in prison until next summer.

The appeals of two other men who were jailed in connection with the incident outside the Burlington Hotel are pending.

Dermot Laide, Castleblayney, Co Monaghan, was jailed for four years for the killing of Mr Murphy and was also given a concurrent two-year term for violent disorder.

Desmond Ryan of Dalkey was sentenced to nine months for violent disorder.