ACCUSED SAYS VIGILANTE THREATENED TO BURN HOME

A man accused of beating Mr Josie Dwyer to death told gardai a vigilante
threatened to burn down his home if he named other people involved in the
attack, Dublin Circuit Criminal Court has heard.

Mr Mark Cooke told gardai he had originally lied about his whereabouts on
the night of the killing because he was afraid after a man threatened to
petrol bomb his "gaff".

It was the 13th day of the manslaughter trial of Mr Hugh Byrne (33),
Dolphin House; Mr Cooke (25), Dolphin House; Mr John Fitzpatrick (35),
Fatima Mansions; and Mr William Kenny (55), St Anthony's Road, all Rialto.
The four have also been charged with assaulting and injuring Mr Alan Byrne
and with violent disorder on May 14th, 1996.

Det Garda Con Cronin read from an interview with Mr Cooke in which he said
he had kicked Mr Dwyer, a drug addict, once on the ground and said he
didn't know why he had done so.

In the interview Mr Cooke said a man, identified as "C", hit Mr Alan Byrne
a number of times with a small baseball bat. He said another man, "K", had
"lost it" and was "laying into" Mr Dwyer and Mr Byrne.

Cross-examined by Mr Anthony Sammon SC, defending, Det Garda Cronin denied
threatening Mr Cooke that unless he co-operated he would be put into a cell
in Mountjoy with an open door open so "junkies" could come in. Asked why Mr
Cooke's account of the attack differed so greatly from the findings of the
State Pathologist, Prof John Harbison, Det Garda Cronin said gardai had
recorded Mr Cooke's perception of the events. Garda Owen Healy told Mr Tom
O'Connell, prosecuting, he had recorded the Cronin Cooke interview and
there was no substance to the suggestion that Mr Cooke had been threatened
by Det Garda Cronin or any other garda.

In cross-examination by Mr Sammon, Garda Healy denied that Mr Cooke had
been forced to tell gardai he kicked Josie Dwyer. Forensic scientist Dr
Martina McBride said she found no traces of blood on boots worn by Mr Cooke
on the night of Mr Dwyer's death.

Earlier, Det Sgt John Doyle denied Mr Sammon's suggestion that he had
fabricated details of another interview in which Mr Cooke was recorded as
saying he was at Basin Lane while Mr Josie Dwyer was being attacked. Det
Sgt Doyle also denied that he had "trapped" himself by fabricating answers
for Mr Cooke that were in strong contrast to Prof Harbison's findings.

Det Garda Christy McKiernan told Mr O'Connell he would not have recorded
notes of an interview that were not correct.

The trial continues before Judge Dominic Lynch and a jury.