Murder victim's friend admits to punching accused

A friend of Brian Murphy has told the trial of four youths charged with killing him outside the Burlington Hotel that he punched one of the accused a number of times because he believed he was part of a gang attacking him.

Michael Hussey told Dublin Circuit Criminal Court he hit Andrew Frame on the back of the head a number of times because he was part of a group that descended on the dead man after Mr Murphy was involved in a scuffle with another one of the accused, Sean Mackey.

He also said he heard a celebratory roar when the youths were attacking Mr Murphy, as if they were all happy they had got him on the ground.

Mr Hussey told Mr Edward Comyn SC (with Mr Brendan Grehan SC), prosecuting, that he was walking past the front of the hotel with Mr Murphy and another friend, Morgan Crean, after they had all attended Club Anabel's, when the deceased bumped into another youth.

Mr Hussey said: "Brian bumped into this person or he bumped into Brian. I think it was purely accidental but the two started having an argument. Brian then punched this other person, who I now know to be Sean Mackey.

"He didn't react to the punch but laughed at it, as if to say 'you're going to get it now'. I went in to try and separate it when a big group just descended on Brian and began to attack him. I was pushed to the side when this happened and I lost sight of Brian.

"Andrew Frame was part of the group that started attacking Brian and as he was the closest person to me I grabbed him and punched him on the back of the head about three or four times. When I looked over again Brian was just lying on the ground and he wasn't moving."

Mr Hussey admitted he didn't actually see Mr Frame land a blow to Brian Murphy but he went over to him a second time and said to him "are you happy now?"

Mr Frame denied being involved in the attack but Mr Hussey added that he smirked or smiled when he said this. He punched Mr Frame in the face again and he was then hit on the back of the head and the lip by a "stocky bloke" whom the court was later told was Dermot Laide.

Andrew Frame (aged 22), from Nutley Lane, Donnybrook, along with Sean Mackey (aged 23), from South Park, Foxrock, Desmond Ryan (aged 22), from Cunningham Road, Dalkey, all Co Dublin, and Dermot Laide (aged 22), from Rossvale, Castleblayney, Co Monaghan have pleaded not guilty to the manslaughter of Mr Murphy at Sussex Road on August 31, 2000.

The four have also denied committing violence disorder by using or threatening to use unlawful violence on the same date.

Mr Hussey admitted to Mr Hugh Hartnett SC, for Mr Frame, in cross-examination, that he didn't like his client because they had met on holidays a few months before and he could remember him "slagging him off" about something and calling him "a faggott".

Mr John Edwards SC, for Laide, put it to him that Andrew Frame walked by the group before the incident involving Brian Murphy and Sean Mackey and the deceased man bumped into him.

Counsel added that his instructions were that Mr Frame was then punched a number of times in the head by Mr Hussey, Mr Murphy and other members of their group and Mr Laide and Mr Mackey then went to his assistance.

Mr Hussey replied: "That is absolute nonsense. It was only myself and Brian who were involved in the fighting and Brian only had time to throw one punch before he was attacked. I'm the only person who hit Mr Frame"

Mr Edwards then put to him that he availed of the opportunity to vent his anger on Andrew Frame and that Mr Hussey and Mr Murphy were the aggressors that started the whole fight.

Mr Hussey added: "That is completely ridiculous. I believed Andrew Frame to be attacking my friend. I couldn't just stand there and do nothing. My friend was lying on the ground, getting the life kicked out of him. What was I supposed to do?"

The court also heard from Mr Alan Dalton, a friend of the four accused, who said when he walked out of Club Anabel's he saw about five or six people standing in front of Mr Frame and they seemed to be jeering but he wasn't sure at who.

He told Mr Brendan Grehan SC, prosecuting, he went over to Mr Frame and asked him if he was okay and he replied "I think these guys are looking for hassle". Mr Dalton then said it wasn't worth it and he then saw Mr Murphy throw a punch at Sean Mackey.

He said he then walked away but turned around to see a man in a red jumper throw a punch at Mr Frame. He didn't see it connect but saw his friend stumble forward. He then saw numerous arms being thrown everywhere and the number grew.

After about 15 to 20 seconds he saw the man in the red jumper fall to the ground and he then saw Mr Frame holding his head. Mr Frame went over to a friend of his and witness followed him over and said to this other person that Andrew Frame was not to blame for what happened.

Mr Dalton said he also saw Dermot Laide on the edge of the fight with his arms raised, about to throw a punch, and he also saw him kicking out at somebody's shins a number of times. Mr Dalton said Desmond Ryan was standing on the edge of the fight and went in and "threw a punch over the top" before retreating.

Mr Dalton said Dermot Laide was staying in his house that night and they were both extremely shocked when his father told them the next morning that Brian Murphy was dead.

He said Dermot Laide admitted to him that he punched the man in the red jumper and he then showed Mr Dalton a cut on the back of his hand. He did say he could have got this cut when he punched Mr Hussey after the larger fight..

They both then went to Blackrock College after Dermot Laide's father suggested they write down everything they could remember without any outside interference. This was then signed by the principal of Blackrock College, Mr Alan McGinty and Fr Tom Nash.

Mr Dalton told Mr Hugh Hartnett SC, for Mr Frame, in cross-examination, that he never saw his client throw a punch but did see him at one point with his arms raised in a defensive manner.

The trial continues before Judge Michael White and a jury of eight men and four women.