The entry of a nolle prosequi on the manslaughter charge against Dermot Laide brings an end to a sorry and prolonged saga that began with Brian Murphy's tragic death outside Anabel's nightclub almost six years ago. It does not, however, offer closure to the Murphy family who continue to seek a proper explanation of what happened that night, and a full accounting from all those involved.
Dermot Laide has paid a price too for the part he played in the affair. Of four defendants who faced charges in relation to these events, he was the only one convicted of manslaughter. That conviction was subsequently overturned on appeal. He has acknowledged that his behaviour was totally unacceptable but he continues to assert his innocence of responsibility for Brian Murphy's death. He has served a sentence for violent disorder, the validity of which he accepts.
This case has been characterised by conflicts of evidence throughout, the most recent of which emerged yesterday with the release of a statement by State Pathologist Dr Marie Cassidy in which she said that the most likely cause of Brian Murphy's death was the complication of his head injuries by alcohol-induced apnoea and brain swelling. The injuries in themselves would not normally be expected to cause or even contribute to death, she said.
Her statement was prepared because of the unavailability - due to illness - of Prof John Harbison, the former State pathologist who examined Brian Murphy's body and gave evidence at the original trial. Dr Cassidy, like Prof Harbison, is a highly experienced forensic pathologist, long accustomed to examining old material collected during postmortems as well as conducting such examinations herself.
Yet the two have come to different conclusions concerning the likely cause of death in this case. Unfortunately, due to the ill-health of Prof Harbison, these differences can never be resolved nor can the precise cause of death be known with certainty. This has caused further pain to the Murphy family who have questioned the circumstances in which Dr Cassidy prepared her report.
Against this background, the decision of the DPP to enter a nolle prosequi leaves open the possibility - theoretically at least - of a future prosecution against Dermot Laide. But such action is highly unlikely and he is entitled to the presumption of innocence enjoyed by all until they are convicted of a crime beyond all reasonable doubt.
There are some certainties: Brian Murphy died after a brawl that involved several young men in which alcohol played a major role. The criminal case that followed has taken almost six years to wind its way through the justice system and it has concluded in an unsatisfactory manner - for Dermot Laide and, most of all, for the Murphy family. There are still more questions than answers.Those responsible for Brian Murphy's death must live with their consciences.