The judge in the Brian Murphy manslaughter trial has urged the jury to ignore the publicity that has surrounded the case when it retires to consider its verdict.
Judge Michael White yesterday began his closing address to the eight men and four women who have to decide the case. He warned them not to lean on anything they may read in the newspapers or hear in the broadcast media.
He said: "I am concerned about some of the publicity that this trial has attracted.
"Some of it has gone beyond what might usually be expected of the press.
"Some of the publicity has in fact distorted some of the evidence but I urge you, ladies and gentlemen, to read nothing into any of the press coverage that has accompanied this trial.
"If you are not satisfied beyond a reasonable doubt, then you must acquit. Do not be guided by any of the publicity." He said: "This has been a long and emotive trial and I'm sure that you have sympathy for the Murphy family and also sympathy for the families of the four accused. But you must reach a just and true verdict.
"You must put all your sympathies aside and the only thing you should consider is the evidence of all the witnesses." Judge White also told the jury that all four accused were entitled to the presumption of innocence and that the onus of proof rested entirely on the prosecution.
"The four accused before the court are presumed innocent until such a point that you decide that the evidence is strong enough to convict them.
"It is up to the prosecution to prove they are guilty. They do not have to prove their innocence, but if you are to decide that they are guilty, you must be satisfied beyond a reasonable doubt, which is anything that can affect the mind of any person in a criminal trial," he said.
Mr Sean 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, had also denied the charge. Last Monday Judge White directed that he be found not guilty because of insufficient evidence. The four former Blackrock College students have also denied committing violent disorder by using or threatening to use unlawful violence on the same date.
Judge White told the jury it was clear the four accused did not know Mr Murphy on the night and that the only connection between them was one of the deceased's friends, Mr Michael Hussey.
Judge White told them Mr Hussey knew one of the accused, Mr Andrew Frame, from schools rugby and that Mr Hussey claimed there was some animosity between the pair after an altercation on holiday in Spain. Mr Frame denied that this altercation happened.
Judge White then recounted some of the evidence that the jury heard in the early part of the trial, in particular that of former State Pathologist, Prof John Harbison.
Prof Harbison deducted that Mr Murphy died from swelling to the brain due to severe facial injuries he received as a result of an assault.
He said Prof Harbison's report recorded that Mr Murphy's facial injuries were caused by "considerable violence" being inflicted upon him. Judge White said Prof Harbison noted that Mr Murphy's external facial injuries, which included a deep abrasion on the chin, cuts to his right eye-socket and a cut to his lower jaw on the left side, were due to blows or kicks from a hard object, possibly a shoe or a boot.
A part of Mr Murphy's brain had been flattened and was bleeding, and his internal injuries were not consistent with a fall but were due to an assault.
Judge White told the jury there was overwhelming evidence that Mr Murphy had a severe fall after the assault and he didn't protect himself. Some witnesses said he "fell like a plank". He added: "This fall happened at a time when he was suffering considerably from injuries he received in the assault.
"The fall has to be taken as part of the injuries inflicted by the assault." Judge White said he would continue on Monday morning and asked the jury to bring overnight bags because once it began its deliberations it can't be separated.