Appeals court reserves Mackey decision

The Court of Criminal Appeal has reserved its judgement on an appeal brought by a Dublin man against a sentence arising out of an incident in which Dublin student Brian Murphy was kicked to death four years ago.

The three-judge court today indicated that it will deliver its decision on the appeal within a week.

Sean Mackey, 23, of South Park, Foxrock, Dublin, was jailed for two years for violent disorder outside Club Anabel at Dublin’s Burlington Hotel in August 2000, during which Murphy died.

The jury failed to agree a verdict on a charge of manslaughter and the DPP indicated it would not seek a retrial.

The high profile trial heard evidence from dozens of witnesses for three months earlier this year.

Appealing the severity of the two-year sentence today, Mackey’s lawyers pointed to a “disparity” in sentencing between Mackey and another accused, Desmond Ryan who only received a nine-month jail term for the same offence.

Anthony Sammon, SC for Mackey also queried trial judge Michael White’s comments that his client “contributed to an escalation in violence” on the night and that he was “out to cause trouble”.

Mr Sammon also said Judge White was wrong to place weight on the evidence of a taxi driver which wasn’t later taken into account by the trial jury when deciding a verdict.

Eddie Cummins, SC for the State argued that the offence of violent disorder in the 1994 Criminal Justice Act referred to the threat of violence as well as actual violence.

Mr Cummins also said that trial evidence had shown that Ryan gave “immediate assistance” to Mr Murphy as he lay on the ground after the assaults.

He added that Judge White had shown “care and extreme conscientiousness” in his conduct of the “long and stressful” trial.

Flanked by prison officers, Mackey wore a suit and sat motionless in court for the appeal hearing.

The parents and siblings of Mr Murphy stood just yards away in the small, packed courtroom.

After a brief recess, presiding judge, Ms Justice Catherine McGuinness – who sat with Mr Justice Henry Abbot and Mr Justice Paul Butler – said they wished to consider a number of points in the submissions before delivering their decision within the next week.

Ms Justice McGuinness added: “I realise the effect it is having on Mr Mackey.”

Dermot Laide 22, of Rossvale, Castleblaney, Co Monaghan was jailed for four years for the manslaughter of Mr Murphy and received a concurrent two-year term after he was found guilty of violent disorder.

An appeal against his conviction and sentence has been listed for mention next week.

An appeal against conviction and sentence by Desmond Ryan, 23, of Cunningham Road, Dalkey, Dublin, who was jailed for nine months for violent disorder, is also listed for mention next week.