One of the accused in the Brian Murphy manslaughter trial told gardaí that a co-accused was "giving it his all" as he delivered four or five hard punches to Mr Murphy outside Club Anabel in Dublin, the Circuit Criminal Court heard.
Garda evidence was given that Mr Sean Mackey, one of the four accused, told gardaí on September 26th, 2000, that he saw Mr Dermot Laide appearing to hold Mr Murphy with his left hand and punch him with his right a number of times in the head area. Mr Mackey also said in three Garda interviews that a person referred to in court as Mr A punched Mr Murphy in the head as he was falling and then kicked him on the ground.
Mr Mackey admitted to gardaí, according to Garda evidence, that he kicked the deceased hard to the mid-section when he was lying on the ground.
Sgt Colm O'Malley, who interviewed Mr Mackey in Irishtown Garda station, agreed with Mr Patrick Gageby SC, for Mr Desmond Ryan, and Mr Hugh Hartnett SC, for Mr Andrew Frame, that the person referred to as Mr A was neither of their clients.
Mr Andrew Frame (22), Nutley Lane, Donnybrook; Mr Sean Mackey (23), South Park, Foxrock; Mr Desmond Ryan (23), Cunningham Road, Dalkey, all Co Dublin; and Mr Dermot Laide (22), from Rossvale, Castleblayney, Co Monaghan, have pleaded not guilty to the manslaughter of Mr Brian Murphy (18) on August 31st, 2000.
Det Garda Larry Kirwan told Mr Edward Comyn SC, prosecuting, that he took a voluntary statement from Mr Mackey on August 31st, 2000, hours after Mr Murphy died.
Mr Comyn read to the court the statement Mr Mackey made in which he said he became involved in an altercation with Mr Murphy after he approached a group of five or six people who were slagging his friend, Mr Frame. Mr Mackey said Mr Murphy punched him in the face and he asked why he had done it. A friend of Mr Murphy then said he was going to "deck" him.
Mr Mackey said he pushed Mr Murphy and he fell over but got back up quickly and hit him [Mr Mackey\] to the back of the ear.
Mr Mackey told gardaí he then punched Mr Murphy in the head but didn't see him fall. Mr Laide then joined in the fight and punched Mr Murphy in the head a number of times. He fell to the ground and was punched and kicked by Mr A.
Mr Mackey's statement said he went in and kicked Mr Murphy in the stomach area and ran back out. He was handed a phone by his friend Mr David Cooney and was told his girlfriend was on the line. He spoke to her for about 20 minutes before he was collected in a taxi and taken to her house.
After his arrest Mr Mackey told gardaí: "I punched Brian Murphy in the head area but I didn't see him fall to the ground. Dermot Laide got involved and he hit him with four or five punches, hard punches. Dermot Laide is a big dude and he was giving it his all." He added that Mr Laide seemed to be holding Mr Murphy with his left hand and punching him with his right. Mr Mackey said that after he kicked Mr Murphy he ran out of the group, held his hands in the air and said: "This is mad."
Mr Ryan also made a voluntary statement to the gardaí on August 31st, 2000, and said he saw Mr Frame and Mr Mackey involved in an altercation with five or six other people. He told gardaí that he went over and took part in "some pushing and shoving and may have thrown one punch".
When he looked over he saw "the guy in the red shirt" [Mr Murphy\] being kicked on the ground. When it had stopped he and another person, Mr Barry Cassidy, helped to carry him across the road. They also tried to revive him but he was unresponsive. Mr Comyn then read out the notes of an interview which Det Sgt John Doyle took from Mr Ryan on September 26th. Det Sgt Doyle asked if what he said in his earlier voluntary statement was the truth. Mr Ryan replied: "No."
Mr Ryan said when he got involved in the fight he punched some person twice in the face area when he was on the ground trying to get up. At that point he saw a "wave of feet" kicking him. He was only there for four or five seconds but never kicked him. Mr Ryan told the gardaí: "The fracas was out of control and wasn't right. When I realised how bad he was being kicked I walked away. The kicking was overboard."