The Director of Public Prosecutions will not seek to retry Sean Mackey for the manslaughter of Brian Murphy, it emerged in Dublin's Circuit Criminal Court today.
The jury in the case said last month it could not reach a verdict on Mackey one of four accused of the manslaughter of Mr Murphy. Mr Murphy was kicked and beaten to death outside Club Anabel at the Burlington Hotel on August 31st, 2000.
Desmond Ryan (23), Conyngham Road, Dalkey; Mackey (23), of South Park, Foxrock; and Dermot Laide (22) of Castleblaney, Co Monaghan, were convicted on the charge of violent disorder. Laide was also convicted of the manslaughter of 18-year-old Mr Murphy.
Ryan was found not guilty of manslaughter after almost 19 hours of deliberations, but the jury of eight men and four women said it could not reach a verdict on the manslaughter charge facing Mackey. The Director of Public Prosecutions was charged with deciding whether to order a retrial on Mackey's manslaughter charge.
A fourth defendant, Mr Andrew Frame (22), Nutley Lane, Donnybrook, was acquitted on both charges of violent disorder and manslaughter.
Judge Michael White is today hearing submissions from defence and prosecution counsel before retiring to consider sentencing, which is expected next week.