Burlington trial hears of attacker 'giving it his all'

One of the accused in the Brian Murphy manslaughter trial told gardaí that a co-accused was "giving it his all" as he delivered four or five hard punches to the deceased youth, Dublin Circuit Criminal Court has heard.

Sean Mackey, one of the four accused, told the gardaí after he was arrested on September 26, 2000, that he saw Dermot Laide appearing to hold Mr Murphy with his left hand and punch him with his right a number of times in the head area.

Mr Mackey also said in three Garda interviews that a person, referred to in court as Mr A, punched Mr Murphy in the head as he was falling and then kicked him on the ground.

Mr Mackey admitted to gardaí that he kicked the deceased hard to the mid-section when he was lying on the ground before running out of the attack.

Detective Sergeant Colm O'Malley, who interviewed him in Irishtown Garda Station, agreed with Mr Patrick Gageby SC, for Desmond Ryan, and Mr Hugh Hartnett SC, for Andrew Frame, that the person referred to as Mr A was neither of their clients.

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

Detective Garda Larry Kirwan told Mr Edward Comyn SC, prosecuting, that he took a voluntary statement from Mr Mackey on August 31, 2000, hours after Brian Murphy died in the St Vincent's Hospital.

Mr Mackey had earlier handed over to gardaí the beige fleece top, navy trousers and maroon shoes he was wearing on the night in Club Anabel's at the Burlington Hotel..

Mr Comyn read out to the court the statement Mr Mackey made to gardaí in which he said he got involved in an altercation with Mr Murphy after he approached a group of five or six people who were slagging his friend, Andrew Frame.

Mr Mackey said Mr Murphy punched him in the face and he asked why he had done it. A friend of Mr Murphy's then said he was going to 'deck' him. Mr Mackey said he pushed Mr Murphy and he fell over but got back up quickly and hit Mr Mackey to the back of the ear.

Mr Mackey told gardaí he then punched Mr Murphy in the head but he said he didn't see him fall.

Dermot Laide then joined in the fight and punched the deceased in the head a number of times. He fell to the ground and was punched and kicked by Mr A.

Mr Mackey's statement continued that he went in and kicked Mr Murphy in the stomach area and ran back out.

He was handed a phone by his friend, David Cooney, and was told his girlfriend was on the line. He spoke to her for about 20 minutes before he was collected in a taxi and taken to her house.

After his arrest on September 26, he told gardaí: "I punched Brian Murphy in the head area but I didn't see him fall to the ground. Dermot Laide got involved and he hit him with four or five punches, hard punches. Dermot Laide is a big dude and he was giving it his all."

He added that Mr Laide seemed to be holding Mr Murphy with his left hand and punching him with his right. Mr Mackey said that after he kicked Mr Murphy he ran out of the group, held his hands in the air and said: "This is mad".

Mr Mackey heard later in his girlfriend's house that Mr Murphy was dead. He told gardaí he didn't know him but then realised he was the guy wearing a red shirt that they had earlier been fighting with.

Desmond Ryan also made a voluntary statement to the gardaí on August 31, 2000, and said he saw Andrew Frame and Sean Mackey involved in an altercation with five or six other people.

He told the gardaí that he went over and took part in "some pushing and shoving and may have thrown one punch".

When he looked over he saw "the guy in the red shirt" (Mr Murphy) being kicked on the ground.

When it had stopped he and another person, Barry Cassidy, helped to carry him across the road.

They also tried to revive him but he was unresponsive.

Mr Comyn then read out the notes of interview that Detective Sergeant John Doyle took from Desmond Ryan on September 26, the day of his arrest. Det Sgt Doyle asked him if what he had said in his earlier voluntary statement was the truth and Mr Ryan replied: "No".

Mr Ryan admitted that when he got involved in the fight he punched some person twice in the face area when he was on the ground, trying to get up. At that point he saw a "wave of feet" kicking him.

He said he was only there for four or five seconds but he never kicked him.

Mr Ryan told the gardaí: "The fracas was out of control and wasn't right. When I realised how bad he was being kicked I walked away. The kicking was overboard."

He also said that when he realised Mr Murphy wasn't in a good way he helped to carry him across the road. He tapped him on the face to try and wake him up but he was motionless..

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