Laide application adjourned
An application "to guide the media" in relation to a the retrial of Monaghan man Dermot Laide for manslaughter arising out of the death of teenager Brian Murphy outside a Dublin hotel has been adjourned to November 1.
Mr Laide (aged 23), from Rossvale, Castleblayney was found guilty in February 2004 at Dublin Circuit Criminal Court of manslaughter and violent disorder in relation to the unlawful killing of Mr Murphy outside the Burlington Hotel on August 31, 2000.
His conviction for manslaughter was overturned by the Court of Criminal Appeal on February 24, 2005. His conviction for violent disorder remained and he has now served his sentence.
Judge Yvonne Murphy had been assigned by Judge Michael White to preside over the scheduled retrial next April and arising out of an application by the Director of Public Prosecutions "to guide the media" in relation to pretrial reporting was to have been heard by Judge Murphy this morning.
However, Judge Murphy said that she had a "comittment" and would not be able to preside over the retrial and has sent the case back to Judge White for re-assignment.
Mr Brendan Grehan SC, prosecuting, had told Judge White on October 21 last that the DPP was "concerned" with pre-trial publicity which might affect Mr Laide’s right to a fair trial and wanted to "protect the integrity of the system between now and the trial".
Mr Grehan said that since Mr Laide’s recent release from custody there had been "quite an amount" of publicity including articles which were "blatantly anti re-prosecution", colour pieces accompanied by "Hello" magazine-style photographs and headlines which raised concerns.
Mr Grehan told Judge White that Mr Laide’s original trial had attracted various problems in relation to media coverage, resulting in three publications being found in contempt of court. There had also been "vast publicity in relation to the appeal" he said.
Mr Michael P O’Higgins BL (with Mr Michael O’Higgins SC), defending, told Judge White that he was concerned by an article in the Irish Sun newspaper which referred to Mr Laide in its headline as a "thug".
Mr O’Higgins described the latest publicity as "outrageous". He said the article in the Irish Sun was "profoundly objectionable" and had sought to "blacken" his client.
Mr Grehan earlier told Judge Desmond Hogan when setting the manslaughter retrial date of April 24, 2006 that the case could take four to five weeks.
