Two young Dublin men have been found not guilty of murder by direction of Mr Justice McKechnie at the Central Criminal Court yesterday.
Mr Michael Geoghan (20), Northway Estate, Finglas, and Mr Richard Bourke (20), Sycamore Park, Finglas east, were discharged from the court by Mr Justice McKechnie after his ruling.
He told the jury that he had to exclude certain statements and memos of interviews from being available as evidence against the two men in their trial.
Both men were accused of beating a civil servant to death in Finglas on December 1st, 1998.
The court heard that Brian Fitzpatrick of Clune Road, Finglas died from head injuries three days after he was kicked and punched by the two accused.
Earlier in the trial, which began on October 20th, Mr Tom O'Connell SC, prosecuting, told the jury that the only reason for the beating was that earlier that same night, Mr Fitzpatrick and his friend had refused to give cigarettes to the two accused.
Mr Fitzpatrick had been out for a drink and was walking to his home at Clune Road around midnight when the two accused asked him for cigarettes in an "aggressive manner". Mr Fitzpatrick and his friend parted company and it was alleged that Mr Geoghegan and Mr Bourke met him again and proceeded to punch him in his head and upper body.
The case spent several weeks in legal argument in the absence of the jury.
Mr Justice McKechnie told the jury that there was "no further evidence available" that could go to the jury to reach a verdict and so asked them to return a verdict of not guilty by his direction.
The two men were discharged from the court and left the court with their families. The family of Mr Fitzpatrick were not in court.
In his ruling after almost three weeks of legal argument in the absence of the jury, Mr Justice McKechnie had said both accused had been arrested on January 19th, 1999, and Mr Geoghegan was arrested a second time on February 19th, 1999. They were aged 15.
Mr Bourke was taken to Blanchardstown Garda station and his grandfather was there. Mr Burke alleged during the "trial within a trial" that a garda called John Griffin said it would be in his interest to make a statement of admission and that everything would be fine. Mr Bourke alleged that the garda told him it would only be a matter of assault, that it would be a bail situation and that he would not be locked up.
Mr Bourke also alleged that the garda told him he would fix him up with a job on a FÁS course. He felt he had a deal and he wanted to get himself and his grandfather out of the Garda station.
Mr Justice McKechnie said the evidence was enough to create a reasonable doubt as to the legality and admissibility of the statement as evidence. He was not satisfied the legal requirements as to the admissibility of statements had been proved beyond a reasonable doubt.
In relation to Mr Geoghegan, there was no incriminatory evidence resulting from the first arrest in January. The judge said it was vitally important that regulations in relation to young people in custody should be strictly adhered to. There was evidence that Mr Geoghegan had been taken to Finglas Garda station. The judge said Mr Geoghegan's evidence in the "trial within a trial" had raised doubts in his mind.
There was a 17-minute period when two gardaí who were to interview Mr Geoghegan had a conversation with him in Finglas but there was no record of this conversation and he had doubts about what had taken place.
Mr Justice McKechnie said if he had any influence, he would wish to exercise that influence to have interviews video-taped. This would give far greater certainty and far greater justice for all concerned. He said if Mr Geoghegan had been convicted of murder, "a very serious injustice" would have been done.