Court report: A former Blackrock College student has been found not guilty of the manslaughter of Mr Brian Murphy, while the jury disagreed on the same charge against another accused.
Desmond Ryan (23), from Cunningham Road, Dalkey, was acquitted of the manslaughter of Mr Murphy outside the Burlington Hotel on August 31st, 2000. The eight men and four women failed to agree on a manslaughter charge against Seán Mackey (23), of South Park, Foxrock.
Both had already been convicted at Dublin Circuit Criminal Court of violent disorder surrounding the killing after a student night in Club Anabel at the Burlington Hotel.
On Wednesday night the jury, which deliberated in total for just under 19 hours and spent three nights in a hotel, found Dermot Laide (22), from Rossvale, Castleblayney, Co Monaghan, guilty of manslaughter and violent disorder.
A fourth accused, Andrew Frame (22), from Nutley Lane, Donnybrook, was found not guilty of violent disorder on Wednesday, having been acquitted of manslaughter by the direction of Judge Michael White almost two weeks ago because of insufficient evidence.
Judge White remanded Laide, Mackey and Ryan on continuing bail until March 8th. He told the court that after that he may need approximately a week to consider the sentence. He listed the outstanding manslaughter charge against Mackey for mention on the same date.
Judge White discharged the jury from the trial and excused them from further duty for life.
He said to them: "I have to pay a heartfelt tribute to you for your dedication in this trial over the past seven weeks. Your public service as jurors has been exceptional and you have spent great time deliberating on this jury."
Brian Murphy, who was 18 at the time, died after he was kicked a number of times in the head and body by a group of up to six people.
He was rendered unconscious after the beating, which the prosecution described as "short and sustained" and it happened at a time when he was "isolated and outnumbered".
He was rushed to St Vincent's Hospital at about 3.30 a.m. but despite the best efforts of the resuscitation team he was pronounced dead at 4.57 a.m. The former Chief State Pathologist, Prof John Harbison, concluded that Mr Murphy died from swelling to the brain which was caused by severe facial injuries.
Prof Harbison told the court on the third day of the trial that his injuries were caused by "considerable violence" and his death was also complicated by the inhalation of blood.
During the 34-day trial, which opened on January 13th, the court heard evidence from over 100 witnesses, 47 of whom actually saw the fight.
There was evidence that Brian Murphy threw the first punch in the fracas and that Andrew Frame was being attacked by a group of about four youths. Mr Murphy is also reported to have hit Seán Mackey at the outset before the deceased was punched to the ground by a larger group and kicked a number of times all over the body.
Dermot Laide claimed he got involved in the fight because a group of youths were beating up Andrew Frame, his close friend.
Another former Blackrock College student, David Cox, told the court he saw Laide deliver two "strong and forceful" punches to the jaw area of Mr Murphy and that Laide told him he cut his hand in a subsequent fight with another youth, Mr Murphy's friend, Michael Hussey.
According to Seán Mackey's statement, Laide was holding Mr Murphy with his left hand and punching him with his right. Mr Mackey described Laide as "giving it his all".
Mr Frame told gardaí he approached youths who were "slagging" him when he came out of Club Anabel. Mackey starting jumping around the group and had an altercation with Mr Murphy before Mr Frame was punched around the head by someone he thought was Mr Hussey.
Mr Hussey said he attacked Mr Frame because he was part of a group who came off the footpath and began assaulting Mr Murphy. Mr Hussey said he didn't actually see Mr Frame throw any punches or kicks but said he was just part of the group who came off the footpath.
An independent witness, Mr Paul Mooney, told the court he saw a youth in a beige fleece, who the court was told was Mackey, who looked "smug and confident" when he was punched by a youth in a red shirt (Murphy).
He said shortly after that Mr Murphy was punched to the ground and Mackey ran in with a "flying kick" to his mid-section before running back out of the fight. Ms Liz O'Mahoney, Mackey's girlfriend and a neighbour of the Murphy family, said he also admitted to her two weeks afterwards that he had kicked him in the chest on the ground.
Another former Blackrock College student, Mr Alan Dalton, was the only witness that placed Desmond Ryan in the fight. He said he saw him standing at the edge of the row and throwing one punch "over the top".