Laide to appeal as his father claims miscarriage of justice

Two of the three young men convicted of involvement in the death of Brian Murphy are to appeal their sentences, writes Carol …

Two of the three young men convicted of involvement in the death of Brian Murphy are to appeal their sentences, writes Carol Coulter, Legal Affairs Correspondent.

As they started serving their jail terms last night, Mr Brian Laide, the father of one of them, said his son was the victim of a "serious, serious miscarriage of justice".

Dermot Laide was sentenced to four years' imprisonment for manslaughter and two for violent disorder outside Club Anabel on August 31st, 2000. Sean Mackey was sentenced to two years for violent disorder, and Desmond Ryan to nine months. The start of Ryan's sentence has been deferred until May 31st to allow him to sit his final exams.

A Garda source said the case was now closed.

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Laide and Mackey were taken to Mountjoy Prison for processing, and then transferred to the Midlands Prison in Portlaoise, a new, medium-security prison of mainly single-cell accommodation with in-cell sanitation.

Counsel for both Laide and Mackey were refused leave to appeal, but have indicated their intention to seek it in the Court of Criminal Appeal. Counsel for Ryan will state his position later. No bail was sought.

Judge Michael White handed down the sentences to a packed courtroom, to which people had been queuing for access for almost two hours shortly after noon yesterday. He said: "While it is surprising that some witnesses interviewed by the gardaí were not able to identify the persons kicking Brian Murphy in the head when he was surrounded and in a defenceless position, the judge and the jury had to act in accordance with the evidence adduced."

He said in relation to all three they had been involved in an incident in which a young man died, with ensuing grief for his family.

Both Laide and Mackey contributed to the escalation of the dispute, he said, though Ryan did not, and the latter came to Mr Murphy's assistance when it was clear he was seriously injured.

He said he would deal with the question of media contempt of court on Monday, March 29th.

There was little reaction from the three accused, already looking pale and strained, when the sentences were announced. However, Dermot Laide's sister and girlfriend broke down, and were comforted by his mother.

Later, outside the court Mr Denis Murphy read a statement saying the family was still trying to absorb the outcome, and pointing out that those convicted would be reunited with their families, unlike Brian.

The Department of Justice said it had launched a review of how victims and their families are dealt with by the criminal justice system, and will bring forward legislation if necessary.

Mr Brian Laide said in his statement that this was "not the end", adding: "The Murphy family have asked for the truth and they did not receive it. We are now asking for the truth and the truth must win out in the end."