The verdict of manslaughter against a Co Monaghan man, Dermot Laide, arising out of the killing of teenage student Brian Murphy outside Anabel's nightclub in Dublin was "perverse and unjustified", it was argued before the Court of Criminal Appeal yesterday.
Mr Michael O'Higgins SC, for Laide, (23), Rossvale, Castleblayney, Co Monaghan, who was the only man jailed for manslaughter arising out of the incidents near the nightclub at the Burlington Hotel in August 2000, also argued there was less evidence against Laide than against his co-accused. The case is being heard by the three-judge court, with Mr Justice McCracken presiding, accompanied by Mr Justice Peart and Mr Justice O'Connor.
Laide and Desmond Ryan (24), Cunningham Road, Dalkey, Dublin - who was given a nine-month sentence for violent disorder - are appealing their convictions. After the trial early last year, Ryan was given time to conclude his final university examinations and was later granted bail.
In submissions yesterday, Mr O'Higgins said the evidence of a witness in the case, Mr Paul Cahill, was that Laide landed a punch on Brian Murphy and that Ryan came in over the top with a punch and then came away. Laide was on the edge of the fight with his arms raised.
Another witness, Mr David Cox, saw Laide throw two punches and was shocked by the force of the punches. The Cahill evidence was that a male in a red T-shirt (Brian Murphy) had the upper hand but, after that, fights broke out all over the place.
Counsel said "sub-fights" were going on and Laide was caught up in that. People were rushing into different fights and no witness said he saw Laide kick the victim on the ground. Brian Murphy had fallen on his face and although a witness saw someone kick him, the evidence was that it was the four or five people involved earlier who had punched him. Mr Cahill did not see who had knocked Brian Murphy to the ground.
A person in a beige Diesel T-shirt ran in and aimed a blow but this was not the blow which knocked Mr Murphy to the ground, counsel said. Laide was described as fighting another person at the entrance to the hotel.
Mr O'Higgins said the evidence was much less than was required to establish beyond all reasonable doubt that Laide was one of the kickers. The other two people who were connected with striking blows while Brian Murphy was on the ground had much stronger evidence against them than Laide.
Counsel added that the former State Pathologist, Dr John Harbison, had said the cause of death was head injuries. Dr Harbison had said he could not separate punches from kicks although kicks were more likely. He had said a punch fell short of the necessary nexus to make a connection to causing a fatality.
In later submissions, Mr Micheál O'Higgins BL, also for Laide, argued there had been prejudicial media coverage of the trial last year. He referred to certain coverage in the Irish Examiner and the College Tribune (a publication at UCD) and said both had at one stage reported submissions made in the absence of the jury. He also referred to articles in the Star on Sunday, the Evening Herald and an advertisement in the Irish Independent for the Sunday Independent.
Counsel said he was only referring to five publications but added that there were perhaps others to which objection was being taken. Mr Justice McCracken said there had been a lot of legitimate reporting and counsel agreed that there had.
Counsel said he still did not know why the case had attracted such attention. It was a tragic accident involving the kicking to death of a young man outside a nightclub, with a lot of drink involved. The ingredients had been seen before but there had never been the level of coverage there was in this case.
It seemed that what particularly animated the press was that the four accused were from affluent backgrounds and the same school.
There seemed to be a degree of hostility about their being from a privileged background, he added.