Retrial ordered as Laide has conviction quashed

Two of the men convicted in connection with the death of teenager Brian Murphy have had convictions set aside by the Court of Criminal Appeal.

Dermot Laide (23) from Castleblayney, Co Monaghan, was jailed for four years last year for manslaughter and got a concurrent two-year sentence for violent disorder in relation to the death of the 18-year-old outside Club Anabel in Dublin in August 2000.

His conviction for manslaughter has been set aside and sent for retrial; his conviction for violent disorder has been upheld.

Desmond Ryan (24), from Dalkey in Dublin, who received a nine-month sentence for violent disorder, was out on bail pending the result of the appeal announced today.

The three-judge Court of Criminal Appeal set aside his conviction in its ruling this morning. Lawyers for Ryan claimed that his trial was prejudiced by the media coverage and that his arrest was unlawful.

Lawyers for Laide based their appeal on more than 50 grounds, including the media coverage of the trial and the "prejudicial" editing of statements made by his co-accused.

Counsel for Laide, Mr Michael O'Higgins SC, had argued that his conviction was unsafe because he had been identified to the jury as the "Mr A" who was named in statements from his co-accused as the man who kicked Murphy on the ground.

This view was upheld in the 51-page judgment issued this morning by Mr Justice Brian McCracken, Mr Justice Peart and Mr Justice O'Connor. The judgment said there was "a very real risk that they [the statements] influenced the jury in reaching the verdict of guilty of manslaughter" by identifying Laide as "Mr A".

"Under those circumstances, the court rules that the conviction of Dermot Laide for manslaughter is unsafe and should be set aside," the judgment said.

It added: "However, the court does not believe that the circumstances are such as to direct an acquittal on the manslaughter charge . . . and the court will accordingly direct a retrial on the charge of manslaughter."

In relation to the charge of violent disorder, for which Laide is serving two years, the court said: "The same considerations do not apply. There was ample evidence that Dermot Laide was a participant in the fight that took place and that he struck Brian Murphy a number of times."

In relation to Ryan, the court said it believed the original trial judge was wrong "when he expressed himself satisfied beyond reasonable doubt as to the intention on the part of the gardaí to arrest Desmond Ryan based on the evidence" of two named gardaí.

Counsel for Ryan Mr Patrick Gageby SC, had argued that the search warrant on which gardaí entered Ryan's parents' house was not valid, resulting in the statement made by Ryan being invalid while he was in custody, which was the main basis for his conviction.

"That being so, the court is satisfied that the onus of establishing the lawfulness of the entry upon the dwelling of Desmond Ryan lies on the prosecution."

The court said if a a retrial was ordered the statements taken after the arrests "would be still be inadmissable" and therefore the court decided not to order a retrial.

Last year, the Court of Criminal Appeal rejected an appeal from the third man convicted in connection with the death of Brian Murphy. Sean Mackey (24) from Foxrock, Dublin, was jailed for two years for violent disorder.

A fourth accused man, Mr Andrew Frame (23), from Donnybrook in Dublin, was acquitted of violent disorder during the original 36-day trial last year.