Honora Laide, whose son Dermot is serving a two-year sentence for violent disorder arising out of the death of Brian Murphy outside Anabel's disco, yesterday expressed concern that her son had not been granted permission to transfer to an open prison.
Mrs Laide told The Irish Times that her son felt he was being made to be "guiltier" than the other man convicted of the same offence, Seán Mackey, who has been moved to Shelton Abbey open prison in Co Wicklow.
She was speaking after the Court of Criminal Appeal ruled that her son's retrial on the charge of manslaughter of Brian Murphy should go ahead. Laide's original conviction of manslaughter was quashed by the court earlier this year.
Laide and Mackey, along with two other men, Desmond Ryan and Andrew Frame, were all charged with manslaughter and violent disorder arising out of the death of Brian Murphy in 2000.
Mr Frame was acquitted on direction of the trial judge while Mr Ryan was acquitted of manslaughter but convicted of violent disorder. However, this conviction was later overturned on appeal.
In Mackey's case the jury could not agree on the manslaughter charge and convicted him of violent disorder. Laide was convicted of both charges. Mackey appealed unsuccessfully against the violent disorder charge and both he and Laide are serving two-year sentences for this offence.
They were serving their sentences in Portlaoise. Both applied for transfer to an open prison and Mackey was transferred to Shelton Abbey about three months ago. Laide's application for transfer was turned down.
His mother said yesterday he would like a transfer to Loughan House in Co Cavan, which would be closer to his family in Co Monaghan. It is understood that the committee reviewing his sentence recommended this.
A spokesman for the Prison Service said he could not be moved because there were outstanding legal issues concerning his appeal against the decision of the Court of Criminal Appeal to order a retrial.
Legal sources point out, however, that he got bail in relation to the manslaughter charge when the conviction was quashed.
They say there are no legal issues concerning the violent disorder conviction, which is why he is in prison. His imprisonment is therefore unrelated to any proceedings. The legal matters on the manslaughter charge were procedural, according to these sources.
Mrs Laide said her son took a decision himself not to appeal the violent disorder conviction, though he was advised there were good legal grounds to do so.
Mrs Laide stressed that the governor and staff of Portlaoise had been very kind and humane. "We are full of praise for the Prison Service. He has been very, very well treated. . . we are not asking for any special favours. We are just asking for equal treatment."