One of the accused in the Brian Murphy manslaughter trial threw two "strong and forceful" punches at a youth in a red shirt, a witness has told the Dublin Circuit Criminal Court.One of the accused in the Brian Murphy manslaughter trial threw two "strong and forceful" punches at a youth in a red shirt, a witness has told the Dublin Circuit Criminal Court.
Mr David Cox, who was giving evidence on day seven of the trial, said he saw Mr Dermot Laide punch this youth once in the cheek and then in the mouth after he had seen him provoking another accused, Mr Andrew Frame.
The court has been told since the outset that Brian Murphy was wearing a red shirt on the night he was kicked to death outside the Burlington Hotel, Dublin.
Mr Cox told Mr Brendan Grehan SC (with Mr Edward Comyn SC), prosecuting, he had gone to Club Anabel that night with three of the accused - Mr Frame, Mr Laide and Mr Seán Mackey. They had earlier spent the evening with other former Blackrock College students drinking in Mr Shane Fallon's house.
Mr Cox said when he emerged from the nightclub he was standing a few yards from a group of about 15 to 20 people who seemed to be embroiled in an argument. He saw the group surrounding a couple of men, one of whom was the youth in the red shirt and he seemed to be trying to initiate a fight with Mr Frame. They started pushing each other and some people were trying to restrain them. Mr Cox said he tried to pay no attention to what was going on because he assumed it was just "an argument that you would regularly see out in town but never go any further".
He said he then looked back and saw Mr Laide connecting with two "strong and forceful" punches to the face of the person he thought was wearing the red shirt. This person stumbled backwards but he didn't see if he fell.
When Mr Cox looked over again, he saw the same person lying on the ground with a group standing around him kicking him in the body. He didn't look at the people who were kicking the man on the ground but he did see his close friend, Mr Mackey, standing in the vicinity of the group but he was not involved in kicking Brian Murphy.
Mr Andrew Frame (22), Nutley Lane, Donnybrook, along with Mr Seán Mackey (23), South Park, Foxrock, Mr Desmond Ryan (22), Cunningham Road, Dalkey (all Co Dublin), and Mr Dermot Laide (22), Rossvale, Castleblayney, Co Monaghan have pleaded not guilty to the manslaughter of Mr Murphy at Sussex Road on August 31st, 2000. The four former Blackrock College students have also denied committing violent disorder by using or threatening to use unlawful violence on the same date.
Mr Cox told Mr Grehan that, after he had seen Mr Laide land the punches, the two made eye contact with each other and the accused came over to speak to him. He said Mr Laide seemed extremely shocked with what he had done and had a cut on the back of his hand.
Mr Laide said to him: "I can't believe what I just did. Look at my hand." Mr Laide then walked from the scene and, at this point, Mr Cox said he saw the group kicking Brian Murphy on the ground. He added that he didn't see Mr Mackey involved in any altercation.
Mr Cox said he knew Mr Laide quite well through school but he wasn't a close friend of his. He said he left the scene soon after - with the fourth accused, Mr Ryan, and Mr Fallon - and they went to play cards in the Colossus casino club on Montague Street.
The witness told Mr John Edwards SC, for Mr Laide, in cross-examination, that he drank five cans earlier in Mr Fallon's house, a naggin of vodka on the way to the club, four pints inside Club Anabel and two bottles of Smirnoff Ice.
He told Mr Edwards he was quite tipsy but not very drunk. Counsel put it to him that he had drunk quite a significant amount and may have mistaken Mr Murphy for his friend, Mr Michael Hussey, whom the jury previously heard was involved in an altercation with Mr Frame and was then punched twice around the head by Mr Laide.
Mr Cox agreed that was a possibility. He reiterated that he saw Mr Mackey take no part in an altercation, after counsel put it to him that the trial had heard from the outset that he was involved in an incident with Brian Murphy and had received a punch to the head from him. Mr Cox told Mr Edwards that it was not until September 3rd that he made his statement and he had visited the Garda station voluntarily with another witness, Mr Alan Leonard.
The trial continues.