The sentences in the Murphy case

There will be little sense of closure for any of those involved in the Brian Murphy case following the sentencing of three young…

There will be little sense of closure for any of those involved in the Brian Murphy case following the sentencing of three young men for their part in the incident that caused his death. The Murphy family are still grieving, still trying to absorb the impact of the sentences.

The Laide family are upset and angry. Their son, they pointed out, told the truth and is now the only person serving a sentence for manslaughter. There are others, they suspect, who contributed more to the death of Brian Murphy who did not tell the truth. To a lesser extent the Mackey and Ryan families are also paying a price for the fact that their sons came forward to reveal their roles in the fracas. Others did not. The court heard day-after-day that at least six were involved in the assault.

The Garda interviewed almost 1,000 people, of whom 103 gave evidence in court. Judge Michael White reflected the views of many people in his judgment yesterday. "It is surprising that some witnesses interviewed by the gardaí were not able to identify the persons kicking Brian Murphy in the head when he was surrounded and in a defenceless position", adding that he and the jury had to act on the basis of the evidence adduced. It is fair to conclude that among at least some of these witnesses there was as little willingness to co-operate with the gardaí and the prosecution as there has sometimes been among witnesses from the most deprived areas of our cities. One of the lessons of this case is that neither bad behaviour in drink nor unwillingness to tell the truth are the exclusive preserve of the poor and marginalised.

The media have been criticised over coverage of this case and Judge White will return to this issue. Most of the attention has been justified because it reflects a sudden and shocked realisation that drink-fuelled violence crosses all social classes and all areas. South county Dublin is one of the most prosperous parts of the State, and the four accused attended one of its most exclusive schools. There was some deplorable crowing at the convictions in a minority of the media but, for most, the case demonstrated that it could have been anyone's son on that pavement or in that court-room.

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Today a family will continue to mourn the untimely and brutal death of their son, while three others will confront the reality that their sons' lives will be forever blighted by this conviction. But this is not the fault of the criminal justice system. The gardaí carried out one of the most thorough investigations in recent times. The case was run meticulouly by Judge White, who took equal care in sentencing, hearing victim impact statements and evidence in mitigation, before taking a full week to consider his sentences. While they are far from lenient, he argued cogently for the sentences he delivered and did a service to the public and the criminal justice system by explaining his reasons.

The disturbing aspects of this case lie, not in the criminal justice system, but in our wider society.