Barrister fears injustice at Anabel's trial

A defence barrister has told the Brian Murphy manslaughter trial that he fears a terrible injustice could be done in the case because of the "palpable atmosphere" that it has taken place in.

Mr John Edwards SC, for Mr Dermot Laide, told the jury in his closing submission that he had dealt with some of the worst cases of violence in over 20 years as a barrister, but this one was perhaps the "most difficult and most hateful" he had ever done.

Mr Edwards said: "Since I was first handed the brief, I have had an annoying dread in the pit of my stomach about this case, an annoying dread that a terrible injustice could be done.

"This case happened in South County Dublin, a relatively prosperous part of the world. The people involved are regarded as public school types, people considered to be reasonably well-off.

"The atmosphere has been to the point of frenzy in the press and the broadcast media, but the reality is that what happened in this case could have happened to anyone.

"God forbid that it could have happened to my child or your children, who could have been involved in some way or another", he told the jury.

Mr Edwards described what happened to Brian Murphy outside the Burlington Hotel as an "utter disgrace" and said he met his death in circumstances that were "shameful".

"He was somebody's son, somebody's brother and somebody's friend. He should not have died", he said.

Mr Edwards told the jury that a former colleague of his said to him during the course of the trial that from what he read in the papers it appeared to be "real 'Lord of the Flies' stuff", referring to the book about English school boys who resorted to savagery after being stranded following a plane crash.

Mr Edwards said that he feared the jury would think the same. He told them that there was a real sense of "sending a message out" surrounding the trial, but he urged them not to do so because it would be "wrong and unjust".

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 Edwards told the jury that the involvement of his client, Mr Laide, began when he went to defence of his friend, Mr Frame, who was being beaten up.

He said there was evidence in the case that Mr Laide had been refused entry to Club Anabel's on the night, that between the hours of 10pm and 3am he didn't have a single drink and that, unlike most other people, could not have been drunk.

Mr Edwards said: "He was the one that would have been most in control of himself and in a better position to assess the demeanour of others.

"He threw two punches to Brian Murphy when Andrew Frame was being beaten up and that is my client's defence. He used violence that was not unlawful because he went to the defence of somebody else."

Counsel said there was also evidence from a number of witnesses, including Mr Laide's statement, that he was fighting with Mr Murphy's friend, Michael Hussey, at the time the deceased was lying on the ground and being kicked in the head and body.

Mr Edwards also recounted the cut that Mr Laide had got to his knuckles, a cut the accused contended was received when he struck Mr Hussey, not Mr Murphy, which the prosecution contended.

If that was the case the cut would have been in a different position because Mr Murphy was much smaller than Mr Laide and he would have had to punch downwards. Mr Hussey was more equal in size to Mr Laide.

Mr Hugh Hartnett SC, for Mr Frame, told the jury that the prosecution now made the case that his client was not guilty of using any violence on the count of the manslaughter charge being withdrawn against him.

The prosecution now said he threatened to use violence and this was based entirely on the evidence of Mr Hussey. He told the court during the trial that Mr Frame was part of a wave of people who came off the footpath and attacked Brian Murphy.

Mr Hussey said he went for Mr Frame because he was the nearest person to him and he hit him a number of times.

Mr Hartnett referred to the fact that a number of witnesses saw Mr Frame on the road, not on the footpath, when the incident kicked off, and he was being mocked by a group that included Mr Murphy and Mr Hussey.

Mr Hartnett said it had also been alleged by a number of witnesses that Mr Frame and Mr Murphy engaged in some pushing and shoving in the initial stage of the fight, but Mr Hussey never mentioned Andrew Frame being part of any group coming from the pavement in his two Garda statements.

Mr Hartnett said it was up to the jury to decide if Mr Hussey was a credible witness or if he was telling lies, but counsel noted that Mr Hussey was charged with offences surrounding the fight after he made his statements and suggested he may have been looking for a defence.

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