Murphy trial - Judge did a fair job in a difficult case

On balance, Judge Michael White got it right.

Contrary to widespread fears, the jail sentences handed down by him to three young men convicted in connection with the killing of Brian Murphy, who was kicked to death in a fracas outside Dublin’s Burlington Hotel, were not unduly lenient.

The very fact that they have all received jail sentences, has lent a sense of fairness to yesterday’s verdict at Dublin District Criminal Court.

It will go a long way towards dispelling perceptions that the three ex-Blackrock College boys would probably walk free because of their wealthy backgrounds. Instead, 22-year-old Dermot Laide is today beginning a four-year sentence behind bars for manslaughter and violent disorder on that August night outside Club Anabel’s three-and-a-half years ago.

In Judge White’s view, Laide’s actions led to a substantial escalation of the incident in which Brian Murphy, who was 18 at the time, was savagely beaten to death. For his part in the assault, 23-year-old Sean Mackey was sentenced to two years in jail for violent disorder. Desmond Ryan, also 23, was given nine months for the same offence, the sentence to begin after he completes his university exams.

As emphasised by legal experts, it is extremely difficult to categorise manslaughter trials, to fit them into a one-size-fits-all framework of sentencing policy.

In some instances, those found guilty of manslaughter have gone to jail for up to 12 years. Meanwhile, other trials have seen manslaughter sentences suspended, particularly in domestic cases.

While Judge White has refused leave to appeal, the three men still have recourse to the Court of Criminal Appeal, where either the conviction or the sentence can be challenged within 21 days.

One worrying aspect of this case was that it was a typical Irish night out, in so far as vast amounts of alcohol were consumed by those involved in the assault which ended in tragedy.

It will reaffirm mounting public concerns about the links between violence and excessive drinking. Weekend binge drinking has reached an alarming level among young people.

With boozing endemic right across the whole spectrum of society, Ireland is in the unenviable position of topping the European league of alcohol consumption. There is an onus on publicans and their staff not to continue to sell alcohol to young people, or adults for that matter, when they have obviously drunk too much.

While Brian Murphy’s father, Denis, was at pains to express his family’s respect for Judge White’s conduct of the trial and the manner of his decisions, the family obviously need space and time to consider the sentences.

For the Murphys, whose grief was palpable in the deeply moving statement of Brian’s mother, Mary, the sorrow will linger long after yesterday’s verdict because, for their son, who was viciously kicked and beaten to death, there will be no homecoming.

In contrast, as Denis Murphy said, the convicted men will one day be welcomed home by their families.

One of the most disturbing aspects of this case is the fact that an unidentified assailant of Brian Murphy on that fatal night, a man wearing black, shiny, buckled shoes, who was seen to kick him in the head as he lay helpless on the ground, has never been apprehended.