The father of Brian Murphy has written to the Director of Public Prosecutions seeking an explanation as to why a named witness was not called to give evidence in the trial of four young men for the manslaughter of his son outside Club Anabel, Dublin, in 2000, writes Carol Coulter, Legal Affairs Correspondent.
In his letter Mr Denis Murphy told the DPP that further evidence had come to the family's attention concerning the testimony of one witness, who cannot be named by The Irish Times for legal reasons. This related to a conversation the witness had with one of the accused on the night Brian Murphy was killed.
This witness had given a statement to gardaí and was called as a witness in the case. However, according to Mr Murphy's letter, when he turned up in court he was not called to give evidence. "He came to court but was told that he would not be needed and was never put on the stand," he said.
Had he done so, this might have altered the outcome of the trial, according to Mr Murphy, as his evidence could have corroborated that of another witness. "Our family needs to know why [the named man\] was not called as a witness," he said.
In a letter replying to Mr Murphy the DPP, Mr James Hamilton, said he noted his view that this witness should have been called.
He also stated that the decision on which witnesses would ultimately be called to give evidence is taken by prosecution counsel during the course of the trial. Counsel consults with the prosecuting gardaí if necessary, and has regard to the way the case has actually proceeded so far, he said.
Mr Hamilton said it was not unusual that witnesses included in the book of evidence would not actually be called to give evidence when the case came to trial.
"Since the trial process is now at an end, subject of course to any appeals that may be taken, I do not think that it would be useful for me to express any view about the evidence which was or which could have been given by any particular individual," he said.
Last April one man, Dermot Laide, Castleblayney, Co Monaghan, was convicted of the manslaughter of Mr Murphy. Mr Andrew Frame, Nutley Lane, Donnybrook, was acquitted by direction of the trial judge, Judge Michael White. Desmond Ryan, Cunningham Road, Dalkey, was acquitted of the charge by the jury, and the jury failed to agree on the charge against Seán Mackey of South Park, Foxrock.
Ryan and Mackey, as well as Laide, were convicted of violent disorder on the night Brian Murphy died, while Mr Frame was acquitted of this charge. Laide was sentenced to four years' imprisonment, Mackey was sentenced to two, and Ryan to nine months. All three are appealing their sentences, and Laide is appealing his conviction.