Mackey and Ryan guilty of violent disorder in Brian Murphy killing

Two more former Blackrock College students were last night found guilty of violent disorder surrounding the killing of Brian Murphy outside the Burlington Hotel in August 2000.

Seán Mackey, South Park, Foxrock, and Desmond Ryan, Cunningham Road, Dalkey, both aged 23, were convicted on the charge by a unanimous verdict of the jury, which had deliberated for more than 15½ hours on day 33 of the Dublin Circuit Criminal Court trial.

The eight men and four women failed to reach a decision on the more serious manslaughter charge against both accused and Judge Michael White sent them away to a hotel for a third night.

One former Blackrock College student, Dermot Laide (22), Rossvale, Castleblayney, Co Monaghan, was convicted of manslaughter by a majority verdict on Wednesday night. He was also found guilty by a unanimous decision of violent disorder.

A fourth accused, Andrew Frame (22), Nutley Lane, Donnybrook, was acquitted of violent disorder. He had also been charged with the manslaughter of Mr Murphy, but last week Judge White directed that he be found not guilty because of insufficient evidence against him.

Judge White told Mackey and Ryan they could stand out from the court and requested that they return at 10.15 a.m. this morning. He had remanded Laide on continuing bail after his conviction and last night ordered that he be further remanded until the same time.

The jury asked Judge White yesterday to read out the transcripts of two independent witnesses, Mr Paul Cahill and Mr Paul Mooney, who both gave evidence early in the trial.

Mr Cahill had told the court he returned to the scene of Mr Murphy's death after walking up the street to look for a "chipper".

He saw a youth in a wine-coloured T-shirt swinging punches at a taller man.

Mr Cahill said the youth in the wine-coloured T-shirt appeared to be getting the upper hand but then another young man ran in and punched him on the left side of his face. At that point, he said, "the whole place erupted and fighting broke out all over the place".

He said people started rushing into different fights and there were five or six people surrounding the youth in the wine-coloured T-shirt. Eventually this youth fell over and they began to kick him in the head quite hard.

Mr Cahill said he couldn't describe any of the people who were kicking him, but he remembered a youth in a beige fleece top coming into the fight and delivering a kick to the back of the person who was on the ground.

Mr Cahill described the kick as cowardly because the youth then ran back out of the fight. It was established in the trial that Mackey was wearing a beige fleece on the night.

Wexford man Mr Mooney said he first witnessed a youth in a red shirt punch the person in the beige top in the face but said he didn't react to it. The person in the red top then swung two more punches but he didn't connect with either.

Mr Mooney said the person on the receiving end looked "smug and confident" when he was punched before walking away.

He added that he was looking at the youth in beige walking away and when he turned back he saw the youth in red on the ground being kicked by "definitely three people, possibly a fourth".

He said at this point the youth in beige returned to the scene and ran into the middle of the group with a "flying kick" to the man on the ground.

He kicked him only once before he ran back out of the group.

Mr Mooney told the jury that he overheard him say "this is great craic" to his friends after he had delivered the kick.

When Mr Mooney was shown the beige fleece jumper Mackey was wearing on the night, he said it was similar to the one worn by the person he saw.

He also identified the red shirt that Brian Murphy was wearing on the night he died outside the Burlington Hotel.

Mr Mooney said that when the kicking stopped the youth in the red shirt got to his feet, looking quite dazed. He took a couple of steps forward before he did a semi-circle and fell on his face.

Judge White will call the jury back in this morning and ask it to resume its deliberations, but told the members last night he would reconsider the position if they are completely deadlocked on the two remaining counts.

The trial continues.