Confidence in system must be restored by retrial, say parents

Murphy family reaction: The parents of Brian Murphy, the teenager beaten to death outside Club Anabel nearly five years, have said a retrial of the man accused of his manslaughter must take place if confidence in the criminal justice system is to be restored.

Denis and Mary Murphy last night said they were "stunned" at yesterday's judgment by the Court of Criminal Appeal setting aside the manslaughter conviction of Dermot Laide, ordering a retrial, and by the court's decision to set aside the violent disorder conviction against Mr Desmond Ryan.

"We always knew there was going to be a risk of something like that but on the balance of probabilities we didn't expect anything like we heard today, we're absolutely stunned," Mr Murphy told RTÉ television.

Mrs Murphy had been "stunned and shocked" by the verdict which had resulted in a "real sense of powerless". Mr Murphy said it was vital that efforts to secure a conviction for his son's killing should continue.

"The appeal court judge has ordered a retrial in the case of Dermot Laide and our understanding of that order is that it's just really a right for the State to pursue the possibility for retrial, it doesn't automatically mean a retrial. We would be adamant that the retrial has to take place and take place relatively quickly for there to be any credibility restored to what, in my view, is a criminal justice system in tatters."

He was not advocating the weighting of the criminal justice system in favour of victims and their families, at the expense of an accused.

"But I believe that over the years the pendulum has swung too far in favour of the accused. There are loads of protectors now built into the system that weren't there historically. Over the years every precedent that arises out of a criminal trial tends to push the balance in favour of the accused and I think the legislature has to look at that".

Mrs Murphy added: "One barrister said to us... the way the system works is you argue the law if the facts are against you, you argue the facts if the law is against you, and if they're both against you, you jump up and down and confuse everybody."

As far as the family had been concerned they were never going to get justice for Brian's killing. "When somebody is killed, how can you render justice?" Mr Murphy said.

"At least if truth was forthcoming...it's amazing, I remember looking at people throughout the years who may be in similar circumstances to ourselves and they would be talking about the importance of truth and I often sat and wondered why was that so important. But when it happens to you and when you see the truth being distorted and being denied, you are determined, you become determined to fight that," he said.

"You expect the opposite," Mrs Murphy added. "You expect people in the cold light of day to look at what they've done and you expect them to have a conscience and you expect them to say 'I'm sorry, I've done wrong, I deserve the punishment'. And also that person benefits because they have a chance to pay some price and possibly get on with their lives."