Court makes media ruling in manslaughter case

An order has been made by the judge in the Brian Murphy manslaughter case relating to media coverage of the trial at Dublin Circuit Criminal Court.

Judge Michael White has directed that the media cannot comment on the demeanor of the accused during the hearing or their inter-reaction with each other.

Judge White also ordered that the reaction of particular individuals in the body of the court to sworn testimony cannot be reported nor can the media comment or give implied opinions on the evidence given by witnesses.

He also directed that publications are banned from running prominent advertisements relating to the trial.

Judge White made his order following more than a day of legal argument by counsel in the absence of the jury, the contents of which he also restricted the media from reporting.

The judge had previously expressed concerns over some of the content of the publicity the case had received and urged the jury to pay no attention to newspaper reports on the trial but to rely solely on the evidence they heard in court.

He had also asked them not to read, in particular, the numerous ‘colour articles’ some publications had carried since the trial began.

Andrew Frame (aged 22), from Nutley Lane, Donnybrook, 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 18-year-old Mr Murphy at Sussex Road on August 31, 2000.

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

Evidence surrounding the decease of Mr Murphy, who was kicked to death in a violent argument outside the Burlington Hotel, resumed today from Mr Alan Leonard, who attended Club Anabel’s on the night with three of the accused, Mr Frame, Mr Mackey and Mr Laide.

Mr Leonard told Mr Brendan Grehan SC (with Mr Edward Comyn SC), prosecuting, that when he emerged from the club at the end of the night with his girlfriend, Orla Healy, he saw a group of about 12 to 15 youths standing in a circle just outside the front gate of the Burlington Hotel.

He recognised Brian Murphy in the middle of the group because they were in scouts together and had played for the same football club. Mr Murphy was also wearing a distinctive red shirt on the night that made him stand out.

Mr Leonard said there seemed to be an argument developing and he then saw Mr Murphy throw a punch but he didn’t see at who or if the blow connected with anyone.

Mr Leonard said: "Mayhem broke out then and arms were swinging from all angles. Orla seemed to get distressed and I tried to shield her from the fight. When I looked over again I saw Brian Murphy falling heavily on his back and saw him receive three or four kicks to the upper part of his body, near his shoulder."

When he looked over again he saw a number of individuals place Brian Murphy on his side but he didn’t recognise any of the people who were landing the kicks.

Mr Leonard said he then saw one of the accused, Andrew Frame, standing at the side of the road and he appeared to be involved in an altercation with another person. He saw Mr Frame punch this other person but this fight was broken up fairly quickly.

Mr Leonard concluded that he saw no other problems and left the scene shortly after in a taxi with his girlfriend and two of her friends.

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