A defence barrister has told the Brian Murphy manslaughter trial he fears a terrible injustice could be done because of the "palpable atmosphere" in which the case has been conducted.
Mr John Edwards SC, for Mr Dermot Laide, told the jury in his closing submission he had dealt with some of the worst cases of violence in over 20 years practising as a barrister, but this one was perhaps the "most difficult and most hateful".
Mr Edwards said: "Since I was first handed the brief I have had an annoying dread in the pit of my stomach about this case, an annoying dread that a terrible injustice could be done.
"This case happened in south Co Dublin, a relatively prosperous part of the world. The people involved are regarded as public school types, people considered to be reasonably well-off.
"The atmosphere has been to the point of frenzy in the press and the broadcast media, but the reality is that what happened in this case could have happened to anyone. God forbid that it could have happened to my child or your children, who could have been involved in some way or another", he told the jury.
Mr Edwards described what happened to Mr Murphy (18), outside the Burlington Hotel as an "utter disgrace" and said he met his death in circumstances that were "shameful". "He was somebody's son, somebody's brother and somebody's friend. He should not have died."
Mr Edwards told the jury a former colleague had said to him that from what he read in the papers it appeared to be "real Lord of the Flies stuff", referring to a book about English schoolboys who reverted to savagery.
Mr Edwards said he feared the jury would think the same, but it would be "wrong and unjust".
Seán Mackey (23), Foxrock, Desmond Ryan (23), Dalkey, all Co Dublin, and Mr Laide (22), Castleblayney, Co Monaghan, have pleaded not guilty to the manslaughter of Mr Murphy on August 31st, 2000.
Andrew Frame (22), Nutley Lane, Donnybrook, had also denied that charge but on Monday Judge Michael White directed he be found not guilty because of insufficient evidence against him.
The four former Blackrock College students have also denied committing violent disorder by using or threatening to use unlawful violence on the same date.
Mr Edwards said the involvement of Mr Laide began when he went to the defence of his friend, Mr Frame, who was being beaten up.
He said there was evidence that Mr Laide had been refused entry to Club Anabel on the night; he didn't have a single drink and, unlike most other people, could not have been drunk. Mr Edwards continued: "He was the one that would have been most in control of himself and in a better position to assess the demeanour of others.
"He threw two punches to Brian Murphy when Andrew Frame was being beaten up and that is my client's defence. He used violence that was not unlawful because he went to the defence of somebody else."
Counsel said there was also evidence from a number of witnesses, including Mr Laide's statement, that he was fighting with Mr Murphy's friend, Michael Hussey, at the time the deceased was lying on the ground and being kicked in the head and body.
Mr Edwards also recounted the cut that Mr Laide had got to his knuckles, a cut the accused man contended was received when he threw a blow to Mr Hussey and not Mr Murphy, which the prosecution contended.
If that was the case the cut would have been in a different position because Mr Murphy was much smaller than Mr Laide and he would have had to punch downwards. Mr Hussey was more equal in size to Mr Laide.
Mr Hugh Hartnett SC, for Mr Frame, told the jury the prosecution now said he threatened to use violence and this was based entirely on the evidence of Mr Hussey. He told the court during the trial that Mr Frame was part of a wave of people who came off the footpath and attacked Mr Murphy.
Mr Hussey said he "went for" Mr Frame because he was the nearest person to him and he hit him a number of times. Mr Hartnett referred to the evidence that a number of witnesses saw Mr Frame on the road, not on the footpath, when the melee began and he was being mocked by a group that included Mr Murphy and Mr Hussey.
Mr Hartnett said it was up to the jury to decide if Mr Hussey was a credible witness.
The trial continues.