A defence barrister in the Brian Murphy manslaughter trial has challenged the reliability of the evidence of a taxi-driver who was a witness in the case.The trial arising from the death of Mr Murphy outside Club Anabel in Dublin is in its final stages with defence barristers summing up to the jury.
Mr Anthony Sammon SC, for Mr Sean Mackey, admitted his client had delivered "a sneaky kick" to Mr Muphy, but this was the extent of it and he had no involvement in what happened later. Mr Sammon told the jury that his client was not part of the wave of people reported to have attacked Mr Murphy outside the Burlington Hotel. "Mr Mackey told the gardaí that he hit Mr Murphy because he was pissed off with him for hitting him first and wanted to get him back. He told them that the dead man was a real smart sort of guy but what occurred there was an assault and that was the extent of it.
"That was the end of Sean Mackey's involvement at that stage. He backed off and was not party to what happened after that for a period but foolishly and stupidly he went back into the melée and delivered one kick to the midsection of the unfortunate man and got out again.
"No one can tell you that when Sean Mackey went in and delivered the kick he was part of a joint enterprise and that's what you have to decide. The issue of the joint enterprise is not a matter of fact but a matter of law," he told the jury.
Mr Sammon went on to recount the evidence given by taxi-driver Mr William Quigley, who recalled a front-seat passenger who, it is conceded, was Mr Mackey, admitting to kicking someone in the head and hearing a "snap or crack".
Counsel said: "Mr Quigley told the court that at the time the conversation in his taxi was so hectic he wasn't really paying attention. He admitted to hearing snatches of the conversation and I put it to him that he was a dangerous witness because he used a marriage of words to describe what he heard. It is quite clear that you are not dealing with a witness who heard anything directly and said, 'that is what I heard'. You are dealing with a witness who heard bits of a conversation and put them together to form an answer. A lot of his evidence is unsatisfactory."
Mr Sammon urged the jury to take into consideration the fact that Mr Mackey's contribution to the Garda investigation was "quite detailed and quite fulsome". He said: "There is no doubt that Brian Murphy hit Sean Mackey but I ask you to take into account the prime stuff - what people heard and what people saw. Everything that Mr Mackey told the gardaí is corroborated by a number of witnesses."
Mr Mackey (23), from South Park, Foxrock, Dublin; Mr Desmond Ryan (23), from Cunningham Road, Dalkey, Co Dublin, and Mr Dermot Laide (22), from Rossvale, Castleblayney, Co Monaghan, have pleaded not guilty to the manslaughter of 18-year-old Mr Murphy at Sussex Road on August 31st, 2000. Mr Andrew Frame (22), from Nutley Lane, Donnybrook, Dublin, had also denied that charge. On Monday Judge Michael White directed that he be found not guilty because of insufficient evidence.
The court also heard a closing submission yesterday from Mr Patrick Gageby SC, for Mr Ryan, who told the jury they hadn't heard much from him during the trial because his client was a "peripheral figure in the whole incident". Mr Gageby said there was only one witness, Mr Alan Dalton, who described Mr Ryan throwing one punch over the top from the edge of the fight. However, his client admitted to gardaí that he threw two punches to Mr Murphy's jaw area when he was trying to get up off the ground.
"Mr Ryan's involvement did not lead to the death of Brian Murphy. There is no doubt that Mr Murphy died from the attack but can that be laid at the door of Desmond Ryan? There is not a sausage of evidence to suggest that.
"My client left the 'mill' because he said it wasn't right and it was out of hand. The prosecution make the case that all who were present and participated are equally as responsible but it is quite clear that Mr Ryan had pulled out before the serious injuries were inflicted.
"Can you say Desmond Ryan is liable for anything that happened after he left? He was wearing a yellow T-shirt on the night and not one person has described someone in a yellow T-shirt being involved in the fight. Mr Ryan had a peripheral, short and limited involvement."
He also referred to Mr Ryan carrying Mr Murphy across the road when he was unconscious. "Do you think if my client was seriously involved that he would have hung around to help him out? Why would he walk over to where all Mr Murphy's friends were, into the lion's den, and see if he was OK. There was nobody there accusing him of being involved."