Three former Blackrock College students convicted in the Brian Murphy case must wait at least two weeks to hear what their sentences will be.
The Dublin Circuit Criminal Court will hear character and other evidence relating to sentencing on Monday 8th March, but Judge Michael White said yesterday he will reflect on it for about a week.
Evidence relating to the sentencing of Dermot Laide on the manslaughter and violent disorder charges, of which he was convicted on Wednesday, will be heard on that day. Desmond Ryan and Seán Mackey face sentencing for violent disorder, of which they were convicted on Thursday. Ryan was acquitted yesterday of the manslaughter of Brian Murphy.
The jury was unable to come to a decision on the manslaughter charge against Mackey. His status will be considered on March 8th as well, when the Director of Public Prosecutions is likely to make his intentions known on a retrial. All three remain on continuing bail.
Following the verdicts, Brian Murphy's father, Mr Denis Murphy, read out a brief statement. "We have noted the verdicts handed down by the court over the past three days. However, until the sentences are handed down in this case we have no further comment to make at this time."
The maximum sentence for manslaughter is life imprisonment, and that for violent disorder is 10 years' imprisonment. However, the maximum sentence is rare, exceptionally so following a first offence.
The jury's decision in the case of Ryan came shortly after 3 p.m. yesterday after 18 hours and 54 minutes of deliberations over four days. The registrar in the Circuit Criminal Court asked the jury members if they had reached a verdict, on which at least 10 of them were agreed, on any of the remaining counts, and the forewoman of the jury said they had.
She said that Ryan was not guilty on count one, the charge of manslaughter. Judge Michael White asked them if further time would assist them in considering the outstanding count, of manslaughter against Mackey, and the forewoman said No.
The judge asked her to formally register the fact that they disagreed with regard to Mackey.
He then said: "I want to take this opportunity to pay a heartfelt tribute to you for your dedication," which he described as "exceptional".
"It was a very, very difficult trial. I exempt you from serving on a jury for life. If you wish to serve on one again, you can, but you are under no obligation to do so. You are free to go," he said. A number of jurors broke down in tears as he spoke.
Tension had been high in the packed courtroom since lunch-time as Judge White had indicated on Thursday evening he was not going to allow the jury's deliberations continue over the weekend. It was expected that, if the jury did not reach a conclusion yesterday afternoon, they would be discharged.
The accused, their families and dozens of friends, the family of Brian Murphy and their friends and supporters, all jostled with journalists and a handful of curious onlookers for space.
Mr Andrew Frame (22), Nutley Lane, Donnybrook; Dermot Laide (22), of Castleblayney, Co Monaghan; Seán Mackey (23), of South Park, Foxrock; and Desmond Ryan (23), of Cunningham Road, Dalkey, had all pleaded not guilty to the charge of manslaughter of Brian Murphy arising out of a fight outside Club Anabel, near the Burlington Hotel in Dublin, on August 31st, 2000.
Mr Frame was found not guilty of manslaughter by direction of the judge during the trial, and later acquitted of the charge of violent disorder. Laide was found guilty on both counts on Wednesday last, and asked to return to court while the jury continued its deliberations.
On March 8th Judge White will hear evidence on sentencing of the three men. The family of Brian Murphy have asked to give evidence. Judge White said yesterday he will not give his decision on that day, but will take about a week to consider the sentences.