Dermot Laide who last month was granted a retrial on a charge of manslaughter arising from the death of 18-year-old Brian Murphy outside Club Anabel in Dublin in August 2000, is not appealing a conviction and sentence for violent disorder on the same occasion, the Court of Criminal Appeal was told yesterday.
Laide's senior counsel, Michael O'Higgins, said the appeal on severity of sentence would not be pursued.
Laide (23), from Rossvale Castleblayney, Co Monaghan, was not in court for the brief hearing when his counsel said that two issues, one administrative and the other contained in the judgment, had to be dealt with. This might only take half an hour.
Mr Justice Brian McCracken presiding, and sitting with Mr Justice Roderick Murphy and Mr Justice Michael Peart, said the case would be put back for mention to April 5th.
The Court of Criminal Appeal on February 24th quashed Laide's original conviction and four-year sentence for manslaughter and ordered a retrial. However, there has been no indication as yet by the DPP if this will go ahead.
Dermot Laide now has one year of his sentence completed and with one quarter remission would be due for release in September.
Last month a co-accused Desmond Ryan (24), Cunningham Road, Dalkey, Dublin, who was given nine months on the violent disorder charge, walked free when the Court of Criminal Appeal quashed his conviction but did not order a retrial.
Yesterday the Court of Criminal Appeal was told an application for costs by Mr Ryan would be dealt with on April 5th.