The Court of Criminal Appeal has reserved judgment on a bid by Dermot Laide to prevent a retrial on a charge of the manslaughter of student Brian Murphy outside Anabel's nightclub in Dublin five years ago.
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 completed that sentence this autumn, he may be released pending a new trial on the manslaughter charge.
Laide (23), Rossvale, Castleblayney, Co Monaghan, was in court yesterday to hear his lawyers argue that they should be allowed to reopen part of the court's February judgment.
If that application failed, they argued that they should be allowed to bring the case to the Supreme Court on a point of law of exceptional public importance to try to prevent any retrial. It was also submitted that when a conviction was quashed, parties should have an opportunity to address the appeals court before it decided on the issue of a retrial.
The Director of Public Prosecutions opposed Laide's application and submitted that in its February judgment, the Court of Criminal Appeal had given its final decision after hearing full arguments by all the parties.
It was also submitted that no exceptional circumstances had been shown in the Laide case and that the court should not re-enter argument to effect a complete reversal of the court's earlier decision to direct a retrial.
Laide had been detained in the Midlands Prison, Portlaoise, but in February he successfully applied to be moved to Loughan House open prison in Co Cavan, which is nearer his home.
The court found in February that his conviction was unsafe because of the manner in which statements of his co-accused were edited and presented to the jury. It directed a retrial.
Laide's counsel Michael O'Higgins SC submitted yesterday that if a further argument put forward during the appeal on the defence of "common design" or joint enterprise (among all the accused) had been dealt with by the court in its judgment, it might not have ordered a retrial. He submitted that Laide was entitled to have an adjudication on that point and if the court decided not to "revisit" that argument, the matter should go to the Supreme Court.
Mr O'Higgins said this was not an attempt to make new or fresh arguments or to reopen or revisit the substantive decision of the appeals court. The court had decided the conviction was unsafe and he was "not going anywhere near that territory". Laide's case now was that the court had felt certain arguments advanced were unnecessary for consideration because of its decision on the substantive issues in the case. However, Laide wished to have the additional issues addressed.
The court also reserved judgment yesterday on who should pay the costs of proceedings involving Desmond Ryan (24), Cunningham Road, Dalkey, Dublin, whose conviction for violent disorder arising from the Anabel incidents was overturned earlier. He had been given a sentence of nine months for violent disorder.