A girl who saw student Brian Murphy lying unconscious after he was violently assaulted outside the Burlington Hotel has told a jury that, just afterwards, she saw two youths holding one of the four accused who are charged with killing him.
Ms Brooke McVeigh told Dublin Circuit Criminal Court she went to the front of the hotel after leaving Club Anabel. Mr Murphy was in what she believed to be the recovery position and unconscious.
She then met Mr Andrew Frame, whom she had known for about two years. Two other youths were holding him.
Ms McVeigh said: "They were holding him for some reason. Kind of restraining him but maybe that's the wrong word to use. We talked for a minute about college and about his girlfriend at the time. Just small chat but he appeared to be fine."
Ms McVeigh told Mr Brendan Grehan SC, (with Mr Edward Comyn SC), prosecuting, that when she came out of Club Anabel, she saw Mr Brian Murphy, who was introduced to her for the first time that night, and his friend, Mr Michael Hussey, out on the Burlington Road.
She said someone stole a milk carton from a nearby milk truck and threw it across the road. Mr Murphy and a few others then started singing "hail to the milk driver". Mr Murphy then went towards the front of the hotel, and she waited at the corner with two friends, Mr Bernard Heffernan and Mr Gary Pierse. After about 10 minutes, they walked towards the front of the hotel and then she saw Mr Murphy unconscious.
Mr Frame (22), from Nutley Lane, Donnybrook, along with Mr Seán Mackey (23), from South Park, Foxrock, Mr Desmond Ryan (22), from Cunningham Road, Dalkey - all Co Dublin - and Mr Dermot Laide (22), from Rossvale, Castleblayney, Co Monaghan have pleaded not guilty to the manslaughter of Mr Murphy at Sussex Road on August 31, 2000.
The four have also denied committing violent disorder by using or threatening to use unlawful violence on the same date.
Ms McVeigh told Mr Hugh Hartnett SC, for Mr Frame, in cross-examination, that when she saw the two people holding on to his client, it didn't look like he was going to punch anybody and that perhaps "restraining" was the wrong word to use.
Another witness, Mr Paul Amoroso, who knew Mr Murphy through other acquaintances, said he was trying to get a taxi with three other friends at the end of the night when he heard a commotion near the main gate of the hotel.
He said he saw what looked like two factions fighting and described it as "not a normal fight" because it seemed quite serious with about eight people involved.
Mr Amoroso said: "There was chaos and all I saw were arms and legs flying everywhere. Someone appeared, I'm not sure from outside the group or inside it, and they started to stop the fight.
"At this point everyone started to disperse and they sort of ran in my direction. I realised that they had all been attacking the one person and I recognised Brian Murphy immediately. I didn't actually look at the people running away but was too concentrated on Brian."
Mr Amoroso said that when he was going towards Mr Murphy and the group were behind him, he heard someone make a comment that was along the lines of "We got him good".
He said: "I can't remember what exactly was said and, even the next day, when I was making my statement to the gardaí, I couldn't remember the exact words that were used but I do know that I thought it was a very harsh thing to say." Mr Amoroso said that Mr Murphy tried to get up but he seemed disorientated and just fell forward on his face without putting his arms out. He and three others ran to him and propped him up against a wall. He was unresponsive and unconscious and someone rang an ambulance.
The witness told Mr John Edwards SC, for Mr Laide, in cross-examination, that he didn't know who started the fight or who the aggressor was.
Mr Morgan Crean, who also knew Mr Brian Murphy through friends, said he saw him in a fight and then falling. A number of people started to "boot" him in the head, but he couldn't describe any of them. Brian was unresponsive after the attack, he said.
Mr Crean told Mr John Edwards SC, for Mr Laide, in cross-examination, that after the group had stopped attacking the deceased, there were still a few scuffles going on but there were various people running in to break them up.
He saw one person with dark hair and dark clothes trying to break it up, but he couldn't recall if this was Mr Laide. He said he remembered Brian's friend, Mr Michael Hussey, punching someone on the side of the face in a separate incident.
Mr Edwards said his instructions were that Mr Laide then ran in and punched Mr Hussey. Mr Crean said he couldn't recall this but remembered other people just breaking up the fight.