The DPP will enter a nolle prosequi when the manslaughter case against Dermot Laide opens before Judge Frank O'Donnell in Dublin Circuit Criminal Court this morning. This means the retrial will not go ahead. Carol Coulter and Alison Healy report.
Mr Laide (23), Rossvale, Castleblayney, Co Monaghan, was due to stand trial for the manslaughter of Brian Murphy (18) outside Anabel's 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, South Park, Foxrock, Dublin, also received a two- year sentence for violent disorder and was released last September.
Desmond Ryan, 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.
One of the reasons advanced for the decision not to proceed with the prosecution was the illness of the former State Pathologist, Prof John Harbison. However, it is understood that Mr Laide's legal team were prepared to accept his evidence being read into the record of the trial.
Asked to comment on RTÉ yesterday on the DPP's decision, Minister for Justice Michael McDowell said that the DPP was absolutely independent in the exercise of his duties. "I have no hand, act or part in his decisions," he said.
However, he added that it had been reported that a reason for the decision was the ill health of one of the witnesses.
"I would say it is a worry on my part we don't have a well-worked out system of depositions," he said. "I know there are questions concerning the right of the accused to cross-examine, but if there is a witness with crucial evidence like the results of an autopsy, and he may fall under a bus or something, should we not have that evidence?"