The media coverage of the trial of three young men involved in the killing of Mr Brian Murphy outside Dublin's Club Anabel nightclub has caused considerable hardship to the accused, Dublin Circuit Criminal Court heard today.
Mr John Edwards SC, for Dermot Laide - the only defendant convicted of the manslaughter of Mr Brian Murphy (18) in August 2000 - said that in 20 years of practice he had never seen such publicity.
His client had "suffered considerable hardship and suffering" as a result of publicity which, Mr Edwards said, was normally reserved for those guilty of the most heinous crimes.
He said Judge Michael White, in sentencing, should take into account the difficulties experienced as a consequence of the coverage such as "social ostracisation".
A number of character witnesses for Laide were called including Fr Aidan Troy from Holy Cross school in north Belfast. Fr Troy said the actions of Laide in relation to the killing of Brian Murphy "would not be recognisable as the actions of the Dermot Laide I know."
His former headmaster at Blackrock College, where he was a second-level student for five years, said he had received excellent reports from deans, teachers and pupils throughout his time at the school. He was possessed by "true goodness", Dr Donal Bolcain said.
Mr Edwards said he was seeking leniency for Laide in light of his previous good character, his conduct during the trial, his co-operation with the gardaí and the likelihood that he would re-offend and could still make a valuable contribution to society.
"A custodial sentence is not the invariable conviction for manslaughter," he reminded the judge. However, if the judge was considering jailing his client then again leniency should prevail, he argued.
He said the testimony of State Pathologist, Prof John Harbison, did not show Laide was directly responsible for Mr Murphy's death beyond reasonable doubt. "He appears to have been convicted on the basis of a joint crime," Mr Edwards argued.
Laide of Castleblaney, Co Monaghan was convicted of the manslaughter of Mr Brian Murphy (18), who was kicked and beaten to death outside Club Anabel at the Burlington Hotel on August 31st, 2000. He was also convicted of violent disorder.
Desmond Ryan (23), Conyngham Road, Dalkey and Seán Mackey (23) of South Park, Foxrock were convicted of violent disorder.
Character witnesses in direct testimony and in documentary form also appeared for Ryan and Mackey.
Ryan was described as "a real gentleman" by neighbour Mrs Nora Kennedy. Mr Bert Shaw, manager of the Educational Building Society in Dun Laoghaire where Mackey worked during summer break was "trustworthy, responsible [and] a good team player".
Counsel for both men argued a custodial sentence should not be imposed.
Judge White remanded the three on bail until next Monday when they will be sentenced.