Judge Michael White will deliver his sentences next Monday on the three young men convicted of violent disorder, outside Club Anabel, Dublin, in August 2001, in an incident that resulted in the death of Brian Murphy. Carol Coulter, Legal Affairs Correspondent, reports.
The sentences will include that of Dermot Laide, convicted of manslaughter. Counsel for the three men appealed for them not to be given custodial sentences in Dublin Circuit Court yesterday, stressing that they had already suffered through the enormous publicity given to the case, and through "vilification" by the media. Character evidence was also given on behalf of the three young men.
At the hearing, counsel for the DPP said he would not be seeking a retrial of Sean Mackey on the manslaughter charge, on which the jury could not agree. He, along with Desmond Ryan, was convicted of violent disorder, while Ryan was acquitted of manslaughter.
The hearing opened with an emotional statement from the mother of Brian Murphy, Mrs Mary Murphy, who spoke of her love for her "pride and joy, my full-of-confidence-child, my crazy, exuberant, full of cheer, larger than life child, my naive, far from perfect child, who did some silly things and some fabulous things".
She described how, during the trial, she felt she was surrounded by people who did not want to know about the family's tragedy. She criticised the media for appearing to equate their tragedy with that of the families of those accused of killing him.
"There was no fight when Brian was killed. There was a concerted savage attack, where he was surrounded and kicked to death." Her husband, Mr Denis Murphy, said that six people were involved in the incident, but only one had been convicted. "The trial process is not about truth, but about shamelessly avoiding it when it is not on your side."
Their daughter, Clare, described how she felt knowing "that someone I have known since I was born was killed in such an evil way". Alcohol was no excuse, she said. She also challenged the idea that this was a tragedy for everyone. "They are still alive. Their families still have them." The testimonies on behalf of the accused were led by Father Aidan Troy, the Ardoyne priest, who is a close friend of the Laide family. He described Dermot Laide as "a quiet child, a young man with a great love of sport, on the shy side of normal".
He said no-one could know what was going to happen that night."I have been amazed at how quickly trouble develops. I have been in riots in Ardoyne and seen sensible people do extraordinary things."
Asked how Laide and his family felt about what happened, he said: "They are absolutely heartbroken."
The former principal of Blackrock College, Dr Cormac Ó Brolocháin, said Laide's conduct throughout his school career had been consistently excellent, he was never aggressive or used bad language, he was refined and sensitive.
If asked on the Bible to define Laide, it would be with the words "true goodness", he said.
Mr Eddie Holly, a builder for whom Laide worked in the summer, said he always came across as a kind and caring young lad.
Laide's counsel, Mr John Edwards SC, asked what purpose would be served by sending his client to jail. He appealed to Judge White not to rule out a non-custodial sentence.
Mr Bert Shaw, manager of the EBS in Dún Laoghaire, told the court that Sean Mackey had worked for him the summer of the incident. He was trustworthy, responsible and very professional, he said, "a very, very good team player".
Ms Colette Lynch, student volunteer co-ordinator with Dunmore House, a service for people with intellectual disabilities run by St John of God's, said Mackey had been in the pastoral programme there in his transition year.
"I'd be happy to have him back any time," she said. Mrs Nora Kennedy, a neighbour of Desmond Ryan, told the court that he was "kind, considerate and helpful".