Lawyers for Dermot Laide, who is facing a retrial on a charge of the manslaughter of student Brian Murphy outside the Club Anabel nightclub in Dublin five years ago, are seeking to have his case reopened before the Court of Criminal Appeal. They also wish to have the case referred to the Supreme Court on a point of law, it has emerged.
The case came before the Court of Criminal Appeal yesterday following its judgment of February 24th quashing Laide's conviction for manslaughter and directing a retrial on that charge. His conviction for violent disorder, for which he was given a two-year sentence, was upheld.
The court decided yesterday that when Laide completed that sentence this autumn, he may be released on bail pending a new trial on the manslaughter charge.
Because one of the three judges who delivered the February decision is ill, the court adjourned consideration of the attempts to reopen the case. The date has yet to be fixed.
Mr Justice Brian McCracken granted an application by Laide's lawyers that he be moved from the Midlands prison, Portlaoise, to Loughan House open prison in Blacklion, Co Cavan, which is nearer his home at Rossvale, Castleblayney, Co Monaghan.
Laide's counsel indicated that they would be asking the Court of Criminal Appeal to certify a point of law of exceptional public importance for hearing in the Supreme Court, while they would also seek to raise a portion of the appeal judgment before the appeals court. It was stated on behalf of the DPP that he would oppose any attempt to reopen any aspect of the judgment.
The court also yesterday adjourned an application for costs by Dermot Ryan (24), Cunningham Road, Dalkey, Dublin, who had his conviction for violent disorder arising from the Club Anabel incidents, in August 2000, overturned in the February judgment. Mr Ryan was given a nine-month sentence but was on bail pending appeal and never spent time in jail.
Last year, the appeals court turned down an appeal by Seán Mackey (24), South Park, Foxrock, Dublin, against a two-year jail sentence on a violent disorder charge, which also arose from the incidents at the nightclub.