Court report: A Co Monaghan man has been jailed for four years for the manslaughter of student Brian Murphy outside the Burlington Hotel, Dublin, in August 2000.
Dermot Laide (22), from Rossvale, Castleblayney, also received a concurrent two-year term after he was also found guilty of violent disorder surrounding the death of the 18-year-old, who was kicked and beaten to death after he had attended Club Anabel.
Sean Mackey (23), from South Park, Foxrock, Dublin, was jailed for two years after he was also convicted of violent disorder.
Desmond Ryan (23), from Cunningham Road, Dalkey, Dublin, was jailed for nine months for violent disorder after he was acquitted by the jury of manslaughter. Judge Michael White told the court he would defer issuing the warrant against Ryan until May 31st because he had received a letter from the Agriculture Department of UCD to say he was in the middle of his final exams.
At the end of a seven-week trial, which heard evidence from 103 witnesses, a fourth accused, Mr Andrew Frame (22), from Nutley Lane, Donnybrook, Dublin, was acquitted of violent disorder. All four had denied unlawfully killing Mr Murphy and violent disorder on Sussex Road, Dublin, on August 31st, 2000.
Judge White described it as "surprising" that some witnesses interviewed by gardaí were not able to identify the persons kicking Brian Murphy in the head when he was surrounded and in a defenceless position, but the jury had to act in accordance with the evidence adduced. He said: "It is important to emphasise that the prosecution case against Dermot Laide was that he was part of a group assaulting Brian Murphy, without lawful excuse.
"They did not contend that the assault was planned or premeditated, nor did they make the case that it was he who delivered the fatal kick or kicks or the fatal punch or punches. They relied on the principle of joint concert."
Judge White also made reference to the fact that the reputation of Mr Murphy was challenged by three of the accused, and the provenance of the incident which led to his death had to be explored.
He said: "There was, however, an unfair concentration, on other peripheral issues, which caused the Murphy family great distress. They have now given evidence as to the type of person he was and hopefully restored some balance."
Judge White said there was "cogent evidence" that Laide delivered two punches of very considerable force to the head of Brian Murphy and was part of the group that advanced on him.
He said he was "satisfied that his actions contributed substantially to the escalation of this incident, and to Mr Murphy becoming surrounded and defenceless".
He said the aggravating factors against Laide was the death of a young man, the grief of his family, his contribution to the escalation of the dispute and the "use of violent force completely out of proportion to the situation he faced, when he was not personally threatened".
Judge White said there was no doubt that Mackey's involvement in the incident directly led to its escalation, and that while undoubtedly Mr Murphy threw the first punch, the court did not accept that Mackey became involved in direct response to an assault on him or as a peacemaker.
He said there was "overwhelming evidence" that from his initial approach to assist Mr Frame up to his journey in a taxi home, his demeanour was that of a person out to cause trouble.
Judge White said that the aggravating factors against Ryan were the two punches he delivered to the head of Mr Murphy, on his own admissions, at a time when he was surrounded and defenceless. He described it as an unprovoked, serious assault.
He added that it was obvious that Ryan was "caring" because he helped Mr Murphy across the road when he was unconscious, and he would have expected someone of his disposition to intervene to protect the deceased. Judge White said that he also had to take into account a number of mitigating factors on behalf of each accused.
These included their previous excellent character, their young age at the time of the offence, the improbability of future criminal behaviour, the damage to their character as a result of publicity and that the offences were not planned or premeditated.
He refused leave to appeal the sentences of all three accused but granted legal aid in the event of any appeal.