The case against Dermot Laide over the killing of student Brian Murphy in Dublin almost six years ago has been abandoned.
The case was dropped after the Director of Public Prosecutions this morning entered a nolle prosequiwhen the manslaughter case was mentioned before Judge Michael White in Dublin Circuit Criminal Court.
Dermot Laide speaking outside the court today
This means the retrial will not go ahead and that Mr Laide is now free. Outside the court, Mr Laide said he did not cause the death of Brian Murphy and was always prepared to fully defend the charge.
Lawyers for the DPP told the court there had been "ongoing evidential difficulties". It became apparent last Friday, the court heard, that those difficulties "could not be overcome".
"In those circumstances, the Director of Public Prosecutions is entering a nolle prosequiin this case," counsel said.
Mr Michael O'Higgins SC, defending, said there was no objection to the nolle prosequibeing entered, and Judge Michael White then told Mr Laide that he was discharged.
"You are free to go," he said.
Mr Laide (23), wearing a dark grey jacket, blue shirt and red tie, looked relieved after the judge discharged him.
Reading a statement to the media outside the Dublin Circuit Criminal Court, Mr Laide said: "I wish to express my profound regret and remorse for my involvement in the incident which has caused untold heartache to so many people, and in particular Brian Murphy's parents, brother and sisters.
Brian Murphy's parents leaving the court earlier today
"I also wish to acknowledge that my behaviour on the night was totally unacceptable, that my conviction for violent disorder is valid, and I wish to sincerely apologise to all those who have been hurt or affected by my actions or the fallout from them, and in particular my own parents and family.
"A day does not go by when I don't reflect upon the events of that night. If it were possible I would do anything to turn the clock back.
"However I also wish to emphasise that I did not cause the death of Brian Murphy. I have always asserted my innocence of that offence and I was prepared to fully defend the charge and to make a positive case in my defence."
He went on to suggest that a new statement by the State pathologist Dr Marie Cassidy dated last Friday was inconsistent with previous findings by the former State pathologist.
Prof John Harbison is understood to be too ill to give evidence in the new Laide trial.
Mr Laide said the reports of Prof Harbison and Dr Cassidy "almost seem to be describing a different incident".
Mr Laide said he believed the manslaughter prosecution was "untenable and not justified".
"Clearly the State do too," the statement added.
"After nearly six years it is my intention to try to rebuild my life. I ask the media to respect my privacy and that of my family as I try to do so."
Mr Laide (23) of Rossvale, Castleblayney, Co Monaghan, was due to stand trial for the manslaughter of Mr Murphy (18) outside Club Anabel nightclub at the Burlington Hotel, Dublin on August 31st, 2000.
In March 2004, he was convicted of violent disorder and received a two-year prison sentence. Mr Laide also received a four-year sentence for manslaughter, but the Court of Criminal Appeal quashed the manslaughter conviction in February 2005 and directed a retrial on that charge. It upheld the conviction for violent disorder.
He completed his prison sentence last autumn. He was one of four people originally charged in connection with the student's death.
Seán Mackey of South Park, Foxrock, Dublin, also received a two- year sentence for violent disorder and was released last September.
Desmond Ryan of Cunningham Road, Dalkey, Dublin, was given a nine-month sentence for violent disorder, but this was later overturned.
Andrew Frame was acquitted on direction of the trial judge.
Lawyers for Mr Laide were informed on Friday night of the DPP's decision. It is understood that members of the investigating Garda team informed the Murphy family also on Friday night.