7.5 YEARS FOR VIGILANTE WHO HELPED KILL ADDICT

AN anti drugs vigilante who used a lump hammer to help beat AIDS infected
addict Josie Dwyer to death has been jailed for seven and a half years.

John Fitzpatrick gave a clenched fist salute and shouted up the concerned
parents as he was led from Court 29 at Dublin Circuit Criminal Court.

His co accused, Mark Cooke, was jailed for 20 months for causing violent
disorder on the night Mr Dwyer was killed. The court heard the 42 year old
was beaten to death by a gang of about 15 men armed with hammers and batons.

Fitzpatrick was convicted on November 10 last by a jury of the manslaughter
of Mr Dwyer on May 14, 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 Alan Byrne, who was with Mr Dwyer when they were attacked
in Basin Lane, Dublin.

Prosecuting counsel George Birmingham SC with Tom O’Connell BL) 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,
Alan Byrne said he saw Josie Dwyer being beaten to death. "He was in bits.
It was like something from a horror movie," he said.

He also told the jury he himself had been screaming like a pig while he was
beaten up. "There wasn’t an inch of my body that wasn’t kicked or punched,"
he added. After some time, Mr Dwyer stopped screaming, and when Mr Byrne
shouted over to him, there was no reply. Eventually, one of the attackers
said someone was coming and they fled. Some of their weapons were thrown
onto a nearby roof, and others were handed to bystanders. Pleading
mitigation, defence counsel Brendan Grogan SC with Rachel Fehilly BL), said
Fitzpatrick had only minor previous convictions for being drunk and
disorderly.

He had spent three years in the Irish Army and had been trusted with guard
duty and escorting cash to banks. Fitzpatrick had since worked as a building
labourer, and his wife and family would suffer economically if he was sent
to prison.

Mr Grogan said it was clear from the evidence of State Pathologist Professor
John Harbison that Mr Dwyer was very sick at the time of the attack, 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 area of
Dublin had arisen from a genuine desire to protect children.

Stephen McCann BL, for Cooke, said his client was a very vulnerable man who
had low self confidence. He had no previous convictions and the most serious
allegation against him was that he kicked Josie Dwyer once on the leg.

Judge Dominic Lynch said he accepted the evidence of Prof Harbison but noted
that 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.