MAN GETS 71/2 YEARS FOR ROLE IN DWYER KILLING

An anti-drugs vigilante who used a lump hammer to help beat a drug addict to
death has been jailed for 71/2 years.

John Fitzpatrick gave a clenched fist salute and shouted "Up The Concerned
Parents" as he was led from Dublin Circuit Criminal Court after sentence was
passed yesterday.

His co-accused, Mark Cooke, was jailed for 20-months for causing violent
disorder on the night Mr Josie Dwyer (42) was killed. Dublin Circuit
Criminal Court heard he was beaten to death by about 15 men armed with
hammers and batons.

Fitzpatrick was convicted on November 10th by a jury of the manslaughter of
Mr Dwyer on May 14th, 1996. The jury failed to reach a verdict on a charge
of manslaughter against Cooke but unanimously convicted Fitzpatrick (37),
Fatima Mansions, and Cooke (25), Dolphin House, both Rialto, of violent
disorder on the same occasion.

The jury also failed to decide whether the two men assaulted Mr Alan Byrne,
who was with Mr Dwyer when they were attacked in Basin Lane, Dublin. Mr
George Birmingham SC, prosecuting, said the Director of Public Prosecutions
would not retry the two men on the charges on which the jury failed to reach
a decision.

During their 23-day trial, Mr Byrne said he saw Mr Dwyer beaten to death. He
also said he himself had been "screaming like a pig" while he was beaten up.
After some time, Mr Dwyer stopped screaming, and when Mr Byrne shouted to
him, there was no reply. Eventually, one of the attackers said someone was
coming and they fled.

Pleading mitigation, Mr Brendan Grogan SC, defending, said Fitzpatrick had
only minor previous convictions for being drunk and disorderly. Mr Grogan
said it was clear from the evidence of State Pathologist Prof John Harbison
that Mr Dwyer was very sick at the time, and only minimum force was required
to inflict the ruptured spleen which killed him.

He added that the anti-drugs groups in the Fatima Mansions had arisen from a
genuine desire to protect children. Mr Stephen McCann, for Cooke, said his
client had no previous convictions and the most serious allegation against
him was that he kicked Mr Dwyer once on the leg.

Judge Dominic Lynch said he accepted the evidence of Prof Harbison, but
noted Mr Dwyer died from injuries sustained during the attack in Basin Lane.
He said he took into account the mitigating circumstances outlined by the
two defence barristers and declined leave to appeal.

Eight other men accused of killing Mr Dwyer are to face manslaughter trials
in the new year. Five are to be tried in Dublin Circuit Criminal Court and
three in the Special Criminal Court.