Prosecution urges murder trial jury 'to leave sympathy aside'

A prosecuting barrister in the Brian Murphy manslaughter trial has urged the jury to leave all feeling of sympathy aside and to decide the outcome of the case on the evidence it heard in the witness box.

Mr Brendan Grehan SC (with Mr Edward Comyn SC) told the four women and eight men in the jury they would be "less than human" if they didn't feel some sympathy for the family and friends of Mr Murphy as he delivered his two-hour closing address this afternoon on the 26th day of the trial at Dublin Circuit Criminal Court.

But he told them: "You can not decide this case on the balance of sympathy. You have to leave all feeling aside and reach a verdict based on the law and evidence that you have heard.

"You would also be less than human if you didn't have some sympathy for the four accused in this trial. They are all men with no previous convictions. But you must be dispassionate and cold-hearted and can not decide the case based on sympathy."

Mr Grehan said the four accused were entitled to the presumption of innocence and that no onus rested on them to prove anything. The onus lay with the prosecution to prove their guilt.

He said: "You must put all extraneous matters out of your mind. The accused are presumed to be innocent. The case started off with the presumption that they are not guilty and that will only change if you decide anything different at the end of your deliberations.

"No onus is on the accused to disprove any case that the prosecution makes against them but the onus, at all times, is on the prosecution and you must be satisfied beyond a reasonable doubt of their guilt in order to reach a guilty verdict on any charge."

Sean Mackey (aged 23), from South Park, Foxrock, Desmond Ryan (aged 23), 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.

Andrew Frame (aged 22), from Nutley Lane, Donnybrook, had also denied that charge but on Monday Judge Michael White directed that he be found not guilty because of insufficient evidence against him.

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 Grehan said the prosecution didn't say it was a pre-planned attack on Mr Murphy or that they intended to kill him. He was outnumbered, surrounded and isolated in an assault that lasted only 15 to 20 seconds and he died from brain swelling as a result of facial and head injuries that he sustained in that attack.

Mr Grehan then summarised some of the evidence given against each accused and indicated why the prosecution said they were guilty of manslaughter and violent disorder.

He said there were a number of witnesses who claimed Dermot Laide punched Brian Murphy on more than one occasion. He recalled that one witness, Mr David Cox ,described Mr Laide delivering two "strong and forceful" punches and he then showed him a cut on his hand.

Mr Grehan said Mr Laide claimed he received the cut on his hand from a subsequent fight with a friend of Brian Murphy's, Mr Michael Hussey, but the prosecution contended that he received the injuries from the blows he delivered to Mr Murphy himself.

There was also the evidence of independent witness Mr Paul Cahill who said he saw a man in the blue Diesel jumper punch Brian Murphy to the ground and was then in the group who were kicking him. Mr Grehan said the jury could be satisfied that this person was Mr Laide.

Mr Grehan said there was also his own statement to the gardaí in which he admitted punching Mr Murphy and kicking him in the shins.

He then told gardaí in a subsequent interview that he gave Mr Murphy "two good belts" and claimed he had said this in his first statement though he hadn't, in fact, said this to gardaí.

Mr Grehan said a number of witnesses had also described the person in a 'beige fleece top' doing certain actions and the jury could be satisfied that this person was Mr Mackey. Some people described Mr Mackey as being "hyper" on the night and laughed at the first punch that Brian Murphy landed on him.

Another witness, Paul Mooney, said the person seemed smug and confident when this blow was delivered. There was also evidence from Mr Mooney that this person delivered a "flying kick" to Mr Murphy to the stomach area and then retreated saying "this is great craic".

Mr Grehan recounted the evidence from taxi-driver William Quigley of a person, whom the defence conceded was Mr Mackey, sitting in the passenger seat of his cab being hyper and describing a fight that night,

Mr Quigley said the person admitted delivering a kick to the head and hearing a "snap or a crack". Mr Quigley had also told the jury that this person said the deceased's head went soft.

Mr Grehan said that Mr Quigley may have forgotten some minor details about that taxi journey home but he was adamant about what he heard his front passenger say. He had no reason to lie.

Counsel said there was only one witness, Mr Alan Dalton, who saw Desmond Ryan do anything. He saw Mr Ryan on the edge of the fight and deliver a punch over the top. However, Mr Ryan admitted in his interview with gardaí that he punched Mr Murphy twice in the jaw when he was in a defenceless position, trying to get up off the ground.

Mr Grehan told the jury it had to give separate consideration to the activities of Andrew Frame because he had now been found not guilty of manslaughter. He said that while there was no evidence of him throwing any punches he was part of a group that was threatening violence.

Mr Grehan said that Mr Frame also did not tell the whole truth when he first spoke to the gardaí and in subsequent interviews and it was up to the jury to decide on how credible he was in the witness box and in his garda statements.

Mr Grehan concluded that there was sufficient evidence in the trial for the jury to find three of the accused guilty of manslaughter and Mr Frame guilty of violent disorder.

The defence will begin their closing submissions before the jury tomorrow morning.