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 about his death outside Club Anabel in Dublin.
Mr Brendan Grehan SC (with Mr Edward Comyn SC) was delivering his two-hour closing address yesterday afternoon on the 26th day of the trial at Dublin Circuit Criminal Court.
Mr Sean Mackey (23), from South Park, Foxrock; Mr Desmond Ryan (23), 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 Mr Murphy (18) at Sussex Road on August 31st, 2000. Mr Andrew Frame (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 there were a number of witnesses who claimed Mr Laide punched Mr 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 a 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 Mr Laide's 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 a 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 as laughing at the first punch that Brian Murphy landed on him.
Another witness, Mr 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 Mr William Quigley of a person, who 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.
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 said that while there was no evidence of Mr Frame 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.
The defence will begin their closing submissions today.