A Dublin man who was due to begin serving a nine-month sentence next Monday for violent disorder, which arose from incidents outside Dublin's Burlington Hotel during which student Brian Murphy died, has secured bail from the Court of Criminal Appeal (CCA).
In granting bail yesterday to Desmond Ryan (23), of Cunningham Road, Dalkey, Mr Justice Hardiman, presiding, remarked that Ryan was raising substantial issues of law, and the appeal court believed there was a "strong chance" of a successful appeal.
Ryan will remain on bail pending the outcome of his appeal against his conviction for violent disorder. A date for the full hearing of the appeal has yet to be set. Ryan was acquitted of a more serious manslaughter charge following the death of Mr Murphy in August 2000.
At the Dublin Circuit Criminal Court in March, Judge Michael White deferred to May 31st Ryan's sentence to permit Ryan complete his final examinations in agriculture at University College Dublin.
Two other men who were given longer jail sentences arising from the incidents outside Anabel night club have also lodged appeals to the CCA. So far dates have not yet been fixed for any of the hearings.
At the appeal court yesterday, Mr Patrick Gageby SC, for Ryan, applied for bail for his client pending the outcome of his appeal.
Outlining the case to be made at that appeal, Mr Gageby said he would be arguing that the trial judge had erred in principle and law in admitting into evidence memoranda of an interview alleged to have recorded an admission by Ryan during the course of his detention.
He also submitted that the trial judge erred in principle and law in ruling that the arrest of Ryan at his home on September 26th, 2000, was lawful and valid.
Ryan had made a statement that at the height of a fight outside the Anabel club there could have been from 12 to 13 people involved. He had said he got mixed up in it and may have thrown one punch. He had said he saw a guy lying on the ground, said "this is not right" and walked away.
Mr Gageby said there were a number of side fights on the night, and the characterisation of the violent disorder as evidenced by the accused in his statement was not necessarily the same as the fight involving Mr Murphy. Mr Brendan Grehan SC, for the DPP, opposed the bail application and said the incident involved a classic case of violent disorder.
Ryan was allowed bail on the same terms on which he had secured bail to allow him to sit his exams. This involved payment of a surety of € 3,000. The court also waived a requirement for Ryan to sign on at a garda station.
