One of Murphy accused admits lying in statement

One of the accused in the Brian Murphy manslaughter trial lied in his garda statement because he didn't want to be blamed for the serious part of the fight that led to the death of the 18-year-old student, Dublin Circuit Criminal Court has heard.

Mr Andrew Frame made a statement to gardaí at his home on August 31, 2000, hours after Brian Murphy died in St Vincent's Hospital following a fight outside the Burlington Hotel.

He never mentioned having any confrontation with the deceased but said he just saw him being carried across the road after he (Mr Frame) was punched to the back of the head and on both cheeks.

He also said that the only time he raised his fists was when another person came towards him blaming him for the fight about 10 minutes after Mr Murphy was knocked to the ground.

Mr Frame was arrested on September 26, 2000, and was interviewed twice in Harcourt Terrace Garda Station. He told gardaí he was pushed about three times by "a guy in a red shirt" after he went over to the group who were slagging him.

He said he may have punched him once as he tried to defend himself and now knew this person to be Brian Murphy.

He told the gardai in his second interview that he didn't tell the truth in his earlier statement because he didn't want to be blamed for the "more serious part of the fight".

Mr Frame (22), from Nutley Lane, Donnybrook, Mr Sean Mackey (23), from South Park, Foxrock, Mr Desmond Ryan (22), from Cunningham Road, Dalkey, all Co Dublin, and Mr Dermot Laide (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.

Mr Edward Comyn SC (with Mr Brendan Grehan SC), prosecuting, read out to the jury the statement Detective Sergeant JJ Keane took off Mr Frame on August 31.

Mr Frame told gardaí that when he emerged from Club Anabel's there were about four or five guys pointing and laughing at him outside the front gate.

He said he couldn't hear what they were saying because they were about 15 feet away but then Mr Mackey started dancing around the group and somebody pushed him. He said he recognised two of the group who were laughing at him from a holiday in Spain a short time before.

He stepped in to pull Mr Mackey out of it but someone then punched him in the back of the head and he stumbled about five feet. He then got hit in both cheeks and when he looked up he saw a scuffle in progress. He saw Mr Laide, standing nearby "mouthing off to some guy".

Mr Frame told gardaí he asked him who hit him but he then turned around and saw someone being carried across the road and was nearly positive he was wearing a red shirt. Mr Frame said the youth in the red shirt was part of the group who were slagging him moments earlier.

He told gardaí someone then ran across to him and started shouting: "It was you. It was you" and he raised his hands to defend himself. This person was pulled away by others and he then started walking towards Donnybrook to get a taxi with Mr Laide and some other friends.

He said Mr Laide seemed to be very upset and admitted that he had hit the youth who got hurt.

Inspector Flor Murphy said he arrested Mr Frame at his home on September 26, 2000 and took him to Harcourt Terrace Garda Station, where he was interviewed twice throughout the day.

Mr Brendan Grehan SC, prosecuting, read out to the court the first interview Mr Frame had with Sgt Paul Reidy at 7.30 that morning.

He admitted going over to the group, whom he recognised as being from Clongowes Wood College, who were laughing at him when he saw Sean Mackey involved in argument with one youth.

Mr Frame said he ended up squaring up to "the guy in the red shirt", who pushed him about three times.

He then got hit to back of the head and said it could have been Brian Murphy but he didn't think it was. Mr Frame said he stumbled a bit and when he regained his balance he just saw the deceased being carried across the road.

He added that Mr Peter Rock, a person he knew from playing tennis, came up to him when Brian Murphy was lying unconscious on the ground and said: "What did you do?" Mr Frame added that he told him to go home and might have said he defended himself.

Mr Grehan then read out the second interview that Insp Murphy took off Mr Frame later that day and in it he said he thought the guys were pointing at him because he was with a girl named Ms Brooke McVeigh, who was friendly with the youths from Clongowes.

He also said he pushed Brian Murphy and may have hit him in the face to try and get him away but after he (Mr Frame) got hit, Mr Laide and Mr Mackey tried to sort out the fight and looked prepared to defend themselves.

Mr Frame said that he regained his balance he saw Mr Laide, Mr Mackey and Mr Ryan standing around Brian Murphy while he was on the ground but he did not see anyone punch or kick him.

He also said Mr Laide later admitted to him that he had punched Brian Murphy to the ground. He was very upset at the time.

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