Conflicting postmortem conclusions on the death of 18-year-old student Brian Murphy should have been put before a jury, his parents claimed today.
Dermot Laide leaving Dublin Circuit Criminal Court yesterday
Mr Murphy died after a violent assault outside Anabel's nightclub at Dublin's Burlington Hotel six years ago, but yesterday the manslaughter case against Dermot Laide, one of those involved on the night, was dropped.
Mr Laide claims the conclusions reached by State Pathologist Dr Marie Cassidy that conflicted with those of predecessor Prof John Harbison led to the State abandoning the case.
Mr Laide had been one of four people charged with manslaughter and violent disorder. He was found guilty of both but won an appeal against his conviction for manslaughter, and the Court of Criminal Appeal ordered a retrial.
However the Director for Public Prosecution yesterday entered a nolle prosequiin the case because of "ongoing evidential difficulties".
In a statement yesterday Mr Laide maintained that the "difficulties" were the differences of opinion between Dr Cassidy and Prof Harbison. Though he admitted his conviction for violent disorder was justified, he denied being responsible for the death of Mr Murphy.
Speaking to RTÉ Radiothis morning, Mr Murphy's mother, Mary, said that she failed to see the logic behind Mr Laide's defence.
"Dermot Laide in his statement yesterday admitted to his part in the attack on Brian and at the same time says he his innocent of having played a part in his death," she said.
"If, through his own admission, he states that he played a part in the attack on Brian, to my mind, one has to conclude that he was one of the many players engaged in his death."
During the original trial just over two years ago Prof Harbison found that Mr Murphy died as a result of "considerable violence".
But Dr Cassidy last Friday prepared a statement based on an analysis of the material assembled by Prof Harbison. Her conclusions differed from those of Prof Harbison, in that she said the injuries sustained by Mr Murphy were "relatively minor", and would not be expected to cause his death.
Mrs Murphy said that although the findings differed, they essentially came to the same conclusion. "That is, that Brian died as a result of a head injury," she said.
"Prof Harbison had the advantage of having carried out the actual postmortem. Dr Marie Cassidy bases her conclusions on photographs and other medical reports currently in possession of the prosecution. She is not given access to his notes. The legal reason for this being that she has to be seen to be giving a independent assessment.
"We have been told that she did not see a photo of Brian's brain. I believe that this is crucial."
"We believe that all this information should have been put to a jury. It seems to us that the decision to enter a nolle prosequiwas taken in haste last Friday afternoon," Mrs Murphy added.