The Court of Criminal Appeal has rejected a bid by Dermot Laide to prevent a retrial for the manslaughter of student Brian Murphy outside Club Annabel in August 2000.
On February 24th last, the three-judge appeal court quashed Laide's conviction for the manslaughter of Mr Murphy and directed a retrial. It upheld his conviction for violent disorder for which he was given a two-year sentence.
The court also decided then that when Laide (23), Rossvale, Castleblayney, Co Monaghan, completed that sentence this autumn, he may be released pending a new trial on the manslaughter charge.
The court said in order to revisit the original order for a retrial to be considered the case would have to be re-opened.
Today's judgment quoted from a previous judgment in relation to the Supreme Court which said: "A case will only be reopened where, through no fault of the party, he or she has been subject to a breach of constitutional rights."
Today's judment said: "As the Appellant has not brought himself within any of the recognisable grounds to seek to have the matter revisited, this Court will not entertain any further arguments as to the decision to direct a retrial."
"The Court considers that this principle applies equally to the Court of Criminal Appeal," it added.
"In the present case it could not possibly be said that there has been any breach of any constitutional rights of the Appellant."
Meanwhile, the court allowed Desmond Ryan, of Cunningham Road, Dalkey, his costs of his previously successful appeal in which his conviction for violent disorder arising from the Anabel incidents was overturned.