Judge to sentence men in Murphy case today

Judge Michael White will today sentence the three young men convicted of involvement in the incident outside Club Anabel which…

Judge Michael White will today sentence the three young men convicted of involvement in the incident outside Club Anabel which resulted in the death of Brian Murphy on August 31st, 2000.

Before the court are Dermot Laide (23), from Castleblayney, Co Monaghan, Seán Mackey (22) of Foxrock, Co Dublin, and Desmond Ryan, (22) from Cunningham Road, Dalkey, Co Dublin.

All three were convicted by a jury of violent disorder.

Dermot Laide alone was convicted of manslaughter.

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The jury could not agree on whether or not Seán Mackey was guilty of manslaughter, and the DPP has indicated he is not going to seek a retrial of Mackey on this charge.

The jury acquitted Desmond Ryan of manslaughter.

The maximum sentence for manslaughter is life imprison-ment, but this is so unlikely in this case that it can be ruled out.

It is Laide's first offence, he fully co-operated with the Garda, and he was involved in a death in which at least five others were also involved.

It was argued that he is unlikely to offend again.

There was no evidence that he had struck the fatal blow which, according to the then State pathologist, Prof John Harbison, was a kick to the head.

No evidence was heard that any of the three kicked Brian Murphy in the head.

While a non-custodial sentence can be handed down in a manslaughter case, this is very rare, and usually arises where the circumstances of the case are highly unusual.

Non-custodial sentences are not uncommon where people are convicted of violent disorder, although the maximum sentence is 10 years' imprisonment.

However, this was a very serious incident where a person died.