Laide decision has huge implications for evidence at retrials

Political Editor Harry McGee examines the implications of yesterday’s decision not to proceed with the manslaughter retrial of Dermot Laide.

RETRIALS pose huge difficulties for both sides in the criminal process. By the time they take place, an appeal process has already taken place; years may have passed since the original trial, and an even longer time span since the event (the fracas that preceded the death of Brian Murphy took place almost six years ago).

Any retrial will run the gauntlet that a vital witness may have died, or is too ill to give evidence, or has moved outside the jurisdiction and is no longer willing to give evidence.