ACCUSED IN DRUG DEATH CASE SAYS GARDAI THREATENED HIM

One of three men accused of beating drug addict Josie Dwyer to death has
claimed gardai told him he would be hanged in prison if he did not confess.

Mr Mark Cooke told Dublin Circuit Criminal Court gardai fabricated his
confession, and said one of the prosecution witnesses, Ms Karen Kennedy,
had been selling drugs to children the year before Mr Dwyer was killed.

Another accused, Mr John Fitzpatrick, said four prosecution witnesses had
lied about his whereabouts on the night of the killing.

Mr Cooke (25), Dolphin House, and Mr Fitzpatrick (35), Fatima Mansions, and
Mr Hugh Byrne (33), Dolphin House, all Rialto, Dublin, deny the
manslaughter of Mr Dwyer in Basin Lane, Dublin, on May 14th, 1996. They
also deny charges of assaulting Mr Alan Byrne and of violent disorder. Mr
Cooke told his counsel, Mr Anthony Salmon SC, that on the night of Mr
Dwyer's death, he attended an anti-drugs meeting in Dolphin's Barn
community centre. Afterwards he went with a large number of people on an
"antidrugs patrol". They confronted a number of drug dealers and told them
to leave the area.

Mr Cooke said a group of men confronted Mr Byrne, but he did not get involved.

The group pursued Mr Byrne and Mr Dwyer towards Fatima Mansions, and Mr
Byrne threw bottles and stones at them. They followed them to Basin Lane.
Asked why he did not join the group as they chased Mr Byrne and Mr Dwyer,
Mr Cooke said he did not approve of violence. "I didn't know what was going
on and I didn't want to know what was going on," he added. He told Mr
George Birmingham SC, prosecuting, that gardai had shouted and jeered at
him when he was questioned in Kilmainham Garda station two days after Mr
Dwyer's death. He alleged that one garda mentioned his brother, who had
hanged himself in Mountjoy prison, and told him he would meet a similar
fate if he did not co-operate.

He said two gardai later forced him to sign a statement admitting he kicked
Mr Dwyer. Mr John Fitzpatrick told Mr Birmingham he was at the top of Basin
Lane and did not know a group of men were attacking Mr Dwyer and Mr Byrne
further down the lane.

The trial continues before Judge Dominic Lynch.