The Dublin Circuit Criminal Court yesterday heard a series of character references for the three men convicted of offences surrounding the death of Brian Murphy outside the Burlington Hotel.
The three former Blackrock College students will find out on Monday if they are to go to jail.
Dermot Laide (22), Rossvale, Castleblayney, Co Monaghan, was convicted by a jury on February 27th of manslaughter and violent disorder after a seven-week trial. Two co-accused, Seán Mackey (23), South Park, Foxrock, and Desmond Ryan (23), Cunningham Road, Dalkey, were found guilty of violent disorder.
Ryan was acquitted of manslaughter and the jury failed to reach a decision on the same charge against Mackey.
Mr Edward Comyn SC (with Mr Brendan Grehan SC), prosecuting, told Dublin Circuit Criminal Court that the Director of Public Prosecutions would not be proceeding with a retrial on that count against Mackey.
A fourth accused, Mr Andrew Frame (22), Nutley Lane, Donnybrook, was found not guilty of violent disorder, having been acquitted of manslaughter by the direction of Judge Michael White earlier in the trial.
The court heard from various character witnesses for each of the three convicted men, including Father Aidan Troy, the parish priest in Holycross, north Belfast, who said he had known the Laide family for many years and would describe Dermot Laide as "on the shy side of normal".
Father Troy added that he could imagine the enormity of the tragedy for family of the young man who died, but that it was also a tragedy for the Laide family. He said the Dermot Laide who had been portrayed in the media was not the Dermot Laide that he knew.
"I have stood in the middle of riots in the Ardoyne and have seen the most sensible of people do the most extraordinary things. Sometimes it is very easy to get sucked into something. It is also patently clear that the whole Laide family are absolutely heartbroken over the death of this young man," Father Troy added.
A former Blackrock College principal, Dr Cormac Ó Brolacháin, described Laide as a very caring, kind, considerate person and added that in his five years in the school, his conduct was always described as excellent.
Mr Eddie Holly, a builder and a friend of the Laide family, said that Dermot Laide had always come across as a kind and caring young man. "I was shocked and horrified at how he was portrayed in the media," he said.
Mr John Edwards SC, counsel for Laide, appealed to Judge White not to rule out the possibility of a non-custodial sentence for his client. He said there was no mandatory obligation on the judge to send him to jail.
Mr Edwards added that Laide had already suffered greatly in the past couple of years and had been receiving treatment for a number of stress-related illnesses. He handed in medical evidence of the treatment.
"He, especially, has been pilloried by the media," he said. "The level of publicity and vilification in this case has caused very great suffering to him and his family."
He pointed out that the courts had found that publicity in itself could be an additional punishment for a convicted person.
There was nothing pre-planned about the incident, he said, which came about when his client went to the aid of his friend. "Though Mr Laide has been convicted of manslaughter, the evidence does not go so far as to show he caused the death," he said. "Dermot Laide will live for the rest of his life with the weight of his involvement in this on his shoulders."
Addressing the court about Seán Mackey, Mr Bert Shaw, the manager of the EBS Building Society in Dún Laoghaire, said Mackey worked for him during the summer of 2000 and the three words he would use to describe him were "trustworthy, responsible and professional".
Mr Anthony Sammon, counsel for Seán Mackey, said his client had made a full, voluntary statement to the Garda. "The truth of what he said to the investigating gardaí has not been taken from in the trial process," he said.
"The spark of violence that lit this conflagration was lit by Brian Murphy," he said. "Seán Mackey did not initially retaliate. He stood back... But his kick was not what caused the fatal injury.
"There is nothing to suggest that Seán Mackey will stray from the path of goodness and decency ever again in his life. He did not seek to cause trouble that night. Trouble came his way. He did not face it properly. That is something he deeply regrets."
A neighbour of Desmond Ryan's, Ms Nora Kennedy, described him as "a lovely boy", who was "kind, considerate and helpful". He was also very good to other neighbours on their road.
Mr Patrick Gageby SC, for Desmond Ryan, said that non-custodial sentences had been handed down in a number of other cases of violent disorder.
"My client was late in and early out of the offending incident," he said. "He expressed his distaste for what was happening. He rendered humanitarian assistance to the injured boy. He was not part of the wave."
Publicity was relevant in this case in that his face will always be well-known, and associated with the death. "It is very doubtful if he can walk down any street in Ireland and not be identified as one of the malefactors in the Burlington affray," he said.
The family of Brian Murphy were also given the chance to address the court to convey some of their feelings.
Mrs Mary Murphy, Brian's mother, handed Judge White her favourite picture of her son and also a memorial card.
She told Mr Grehan: "The love I had for Brian was primal and it was the kind of love that would put your safety at risk.
"I was not there when Brian was savagely kicked and beaten to death, because if I had been, you would not have succeeded in your attempt to kill my baby because you would have had to kill me first."
Mr Denis Murphy, Brian's father, told the court that burying your own child was the hardest thing one could ever do.
He said: "As a result of the past seven or eight weeks, there are now more questions than answers. There is only evidence of one kick being delivered, despite the general evidence that there was a wave of feet and that people were behaving like animals.
"I also found out that the trial process was not about finding the truth, but about shamelessly avoiding it if it is not on your side. Before this trial, the family were doing well but now there is a gaping wound. I'm not sure where we'll go from here."
Ms Clare Murphy, Brian's older sister, said she could not make sense of her brother's death and described first hearing about it as like a bad dream. "I remember arriving in casualty to be met by my father crying.
"That moment, this nightmare started and it will never end. But I find it incredible that only one person has been made responsible."
Both Mr Murphy and his daughter criticised Mr John Edwards SC, for Laide, for suggesting that Brian was drunk, despite the forensic evidence that he had only had three or four pints.
Ms Clare Murphy noted that a lot had been made in the media about the amount of alcohol that was consumed on the night, but the evidence that Laide was sober when the attack started could rule out the alcohol excuse.
Judge White adjourned the case until next Monday.
Convicted men: character testimony
"Sometimes it is very easy to get sucked into something. It is also patently clear that the whole Laide family are absolutely heartbroken over the death of this young man." - Father Aidan Troy for Dermot Laide
"Trustworthy, responsible and professional." - description of Seán Mackey by an employer, Mr Bert Shaw, the manager of the EBS Building Society in Dún Laoghaire.
"A lovely boy... kind, considerate and helpful."
- a neighbour of Desmond Ryan's, Ms Nora Kennedy.