One of the accused men in the Brian Murphy manslaughter trial has been found not guilty of manslaughter by direction of Judge Michael White at Dublin Circuit Criminal Court.
Judge White ruled yesterday that a conviction on the more serious charge against Andrew Frame would be "completely unsafe" based on the evidence of one eye-witness, Fiachra O'Brien.
The judge described Mr O'Brien's testimony as "unreliable and infirm".
Earlier in the trial, Mr O'Brien told the court he witnessed Mr Frame throw a running punch at Mr Murphy on the night he was killed, aged 18, outside the Burlington Hotel. He said the accused was wearing a long-sleeved blue shirt. Mr O'Brien had also told the court he was very drunk.
Judge White ruled that his evidence was unsafe because it was not corroborated by any other witness, and Mr O'Brien was the only person who placed Mr Frame in the main group assaulting Mr Murphy.
The court had also heard that Mr Frame was wearing a short-sleeved grey shirt on the night.
Judge White informed the jury it was now only entitled to consider a charge of violent disorder against Mr Frame (22), Nutley Lane, Donnybrook.
Seán Mackey (23), South Park, Foxrock, Desmond Ryan (23), Cunningham Road, Dalkey, all Co Dublin, and Dermot Laide (22), Rossvale, Castleblayney, Co Monaghan, have pleaded not guilty to the manslaughter of Mr Murphy on August 31st, 2000. The former Blackrock College students have also denied committing violent disorder by using or threatening to use unlawful violence on the same date.
Mr Frame then took the witness box and told his counsel, Mr Hugh Hartnett SC, that after he emerged from Club Anabel he witnessed a group of about four youths who appeared to be mocking him.
He told Mr Hartnett he said something along the lines of "f*** off" to the group and moved closer because he couldn't hear exactly what they were saying. He said Mr Mackey went into the group and seemed to start jumping around them.
Mr Frame said one of the group was getting annoyed with Mr Mackey and he then approached them. He was pushed by one youth and he pushed him back.
After a brief exchange of three or four more pushes someone punched him to the back of the head and he stumbled forward.
Mr Frame said: "I then received a few more punches to the cheek area. I believed the person that was punching me to be Brian Murphy. I didn't see this person because he was behind me and I was afraid I would get punched in the face if I turned around. My only concern was to get this person off me." He said he began swinging his arms over his shoulder to try and break free from this person, and that was the only time in the entire incident he raised his hands.
Mr Frame said he began to walk in the city centre direction to get away from the incident, and when he looked back he saw Mr Murphy lying on the ground with a group of people standing around him. "I didn't see what happened to Brian Murphy or who might have been involved. I was later informed that Seán Mackey and Dermot Laide came to my defence when I was being hit but I didn't see them throw any punches."
Mr Frame said that after the incident a number of people came up to him and accused him of being involved. He denied that he was.
Mr Frame said he walked towards Donnybrook to get a taxi with some friends, including Mr Laide, who seemed to be quite shaken. Mr Frame said Mr Laide admitted to him that he had punched "the guy who had got hurt" and he showed him a cut on his hand.
Mr Frame also told Mr Hartnett that he didn't tell the gardaí the whole story of his initial involvement in the fight because he didn't want to incriminate himself in the more serious part of the incident. He admitted it was "a stupid thing to do" and he now totally regretted it.
The trial continues.