The only man convicted of the manslaughter of teenager Brian Murphy is prepared to go to the Supreme Court to prevent a retrial going ahead, a court heard today.
Dermot Laide (23) from Castleblaney, Co Monaghan, had his four-year sentence for manslaughter overturned last February by the Court of Criminal Appeal after it found fault with the editing of statements in the original trial.
However, it upheld his two-year sentence for violent disorder and ordered a retrial on the manslaughter charge. At the Court of Criminal Appeal today his lawyer said the court should revisit its decision to grant a retrial.
"We would be most anxious, if our primary suggestion is not accepted, that we would have the chance to argue it in the Supreme Court," said Michael O'Higgins SC.
He said the only evidence against Laide on the manslaughter charge was that he had hit 18-year-old Brian Murphy with two vigorous punches outside Club Anabel in August 2000 on the night he died.
"You can't prosecute him on his own actions because there isn't a case to be put to the jury," he said. He said the Court of Criminal Appeal had not adjudicated on key arguments made in the appeal. He said Laide had been tried for manslaughter on the basis that he acted as part of a joint enterprise (common design) with his three co-accused, Desmond Ryan, Andrew Frame and Sean Mackey.
Frame was acquitted during the trial and the Court of Criminal Appeal quashed Ryan's nine-month sentence for violent disorder but upheld Mackey's two-year sentence for violent disorder. Mr O'Higgins said it was not possible to argue that Laide had been convicted of manslaughter on the grounds of common design because all the others had been acquitted.
"I am saying if this argument was adjudicated on the result might have been different," he said. Laide is expected to be released from prison later this year after the completion of his sentence for violent disorder.
Denis Murphy, the father of Brian Murphy, was also present in court. Senior counsel Edward Comyn said the Court of Criminal Appeal should only revisit its judgment in rare and exceptional circumstances.
"This is not a case where that jurisdiction should be invoked," he said. Mr Comyn said it was wrong for Mr O'Higgins to argue that Laide and the other accused had been charged under common design. "It was never suggested at the trial that the jury had to convict everybody (for manslaughter) or two or three," he said.
He added that it was invidious to ask the court to revisit so many matters after it had made its decision. Mr Justice Brian McCracken, presiding, reserved judgment. Judgment was also reserved in the case of Desmond Ryan, who was seeking legal costs for his successful appeal and for part of the original trial last year.