Injuries inflicted on the Dublin student Brian Murphy in the fracas outside Club Anabel almost six years ago were "relatively minor and would not be expected to cause his death", a new statement from the State pathologist has said.
The statement, on Department of Justice-headed paper, was handed to the media today outside the Dublin Circuit Criminal Court by lawyers for Dermot Laide after the State dropped its prosecution against him on manslaughter charges.
Mr Laide claims the contents of the report prompted the DPP to enter a nolle prosequithis morning.
Statement from Dr Marie Cassidy, State pathologist, in relation to the death of Brian Murphy.
In her report, Dr Marie Cassidy, who did not conduct the original postmortem on Mr Murphy's body, said his injuries, including bruising and lacerations, were "relatively minor".
"These injuries would not normally be expected to cause or even contribute to death," the report states.
Dr Cassidy's report is an interpretation of the original postmortem - including photographs, toxicology and histology reports and a synopsis of information given to the-then State pathologist, Prof John Harbison.
Dr Cassidy notes injuries to Brian Murphy's face, left knee and back in her report. He had a cut on his chin and bruising and lacerations on his lips, associated with a fracture of his upper front teeth. The other injuries were, she states, "surface grazes only.
"The skull was not fractured and there was no evidence of bleeding into the skull cavity.
"In my opinion these injuries were relatively minor, the most significant were to the chin and mouth ,and these could have been caused by kicks to the face. These injuries would not normally be expected to cause or even contribute to death."
Dr Cassidy's report says there was no evidence from the photographs to suggest a severe trauma to the brain following a head injury.
She concludes: "This young man died after an assault. The injuries he received were relatively minor and would not be expected to cause his death. It is most likely that his head injury was complicated by alcohol induced apnoea and acute brain swelling, resulting in hypoxic/ischaemic brain injury and his death."
Apnoea is depression of the respiratory system. Hypoxia is the deprivation of oxygen to the brain.
Mr Laide, in a statement read outside court, was critical of media reports at the weekend that the reason the State had decided to drop its case against him was due to Prof Harbison's unavailability to give evidence due to illness.
He expressed his "profound regret" for his involvement in the incident outside Club Anabel on August 31st 2000.
Dermot Laide
He added that there were "a number of important issues which have arisen out of the investigation and prosecution of offences arising from Brian Murphy's death, but I do not believe that it is appropriate to deal with them today.
"There is however on matter that I must address now.
"Last Saturday night RTÉ news carried a report that the State was dropping the case and quoted informed sources that the reason was that it would have been difficult to prosecute the case without the evidence of Professor Harbison.
"In so far as the report may suggest, however inadvertently, that the only reason why I am not being tried for manslaughter here today is because a witness is ill, is, in my view, unfair."
Mr Laide said his solicitors had received a fax from the chief prosecution solicitor containing the new statement made by Dr Marie Cassidy at 6.15pm last Friday concerning Brian Murphy's death.
"Within an hour I was told that the State was dropping the case. It is my belief that this new statement by the State Pathologist was the real reason why the case was dropped. This belief was confirmed in court this morning by counsel for the State," he said.
Acknowledging Prof Harbison's "distinguished" career, Mr Laide said his postmortem notes, draft statement and final statement contained in the book of evidence "showed up inconsistencies.
"The only way that these could be adequately explored was by cross examination.
"In some ways the reports of Professor Harbison and Dr. Cassidy almost seem to be describing a different incident. Professor Harbison said the injuries to the face involved considerable violence. Dr Cassidy described them as relatively minor," the statement said.
"But I believe that if Dr Cassidy had produced such a report at the time of the incident it is questionable whether anyone would even have been charged with manslaughter."