DEVASTATED

They had hoped the trial of doorman Robert Demetriou for the manslaughter of Mr Mesney, 31, would bring closure after his death 13 months ago.

But they were devastated when a judge at the Old Bailey in London yesterday ruled that there was insufficient evidence for the case to proceed and ordered the jury to reach a not guilty verdict.

The shock development comes after Demetriou was accused of killing former Thomas Hardye and Weymouth College student Mr Mesney with a single punch outside a London nightclub last June.

Mr Mesney's parents Richard and Rosalie and sisters Lynn and Bev paid tribute to support from wellwishers after the ruling but said their torment would continue.

"We desperately miss Philip. He was such a vital part of our family that his loss has had a devastating effect on us all. We have been through 13 months of hell and the ruling does nothing to reduce that feeling.

"Nothing can bring Philip back and we had hoped that this judgement would bring a sense of closure but this unfortunately is not the case.

"Phil will be in our thoughts endlessly and we thank our family and friends for their support."

The family made the comments in a statement after the case collapsed on day seven on the trial yesterday.

Mr Mesney, who formerly lived at York Terrace in Dorchester, died five days after the incident outside the Roadhouse nightclub in Covent Garden last June.

A jury at the Old Bailey had heard how Mr Mesney, who was head of PE of St Thomas Prep School in Battersea, was struck by Demetriou after being thrown out of the club following a minor dispute over a drink.

Prosecutor Tom Kark said that Mr Mesney died five days later from brain damage caused when his head slammed into the cobblestones outside the club.

But Territorial Army soldier Demetriou, of Kentish Town, London, claimed he only pushed Mr Mesney in self-defence and denied manslaughter.

Following legal arguments from his defence team, Judge Peter Fingret ruled there was 'insufficient evidence' for the case to proceed. He formally ordered the jury to find Demetriou not guilty of manslaughter.

Judge Fingret said the prosecution could not prove that Demetriou had not acted in self-defence.

He said to jurors: "I have had to make a ruling which I have done this morning in your absence that there is insufficient evidence upon which you can properly convict, namely in the sense the prosecution would have to establish there was an unlawful assault which led to Mr Mesney hitting his head and dying."

He added: "It is a decision I have taken with great care and counsel have argued with great care."

Hundreds of people attended Mr Mesney's funeral at St Mary's Church in Dorchester and a memorial service in London late last year.

Thousands of pounds was raised in Mr Mesney's memory for the Hollioake Fund to help youngsters suffering from terminal illnesses.

Mr Mesney was a former pupil at York Road Nursery, St Mary's Primary School, Dorchester Middle School, the Thomas Hardye School and Weymouth College.Mr Mesney, who had a BA Honours degree in Sports and American Studies from Brunel University, was a keen cricket fan and former junior footballer for Dorchester Magpies.