ACCUSED OFFERED TO CONFESS, COURT TOLD

One of the men on trial for the killing of drug addict Josie Dwyer walked
into Kilmainham Garda station at 4a.m. two days after Dwyer was battered to
death and broke down in tears to confess he had killed him with a lump
hammer, a court heard.

Sgt Martin Comerford told the court that Mr John Fitzpatrick said, "I beat
Josie Dwyer to death. I didn't mean to do it. I am very, very sorry.

"I didn't care if he lived or died. I just kept on beating him. I am guilty
of murder. I want to plead guilty now."

On the 11th day of the trial before a jury of eight men and three women,
Sgt Comerford told Dublin Circuit Criminal Court that Mr Fitzpatrick made
his statement because his wife had accused him of being a murderer.

Mr Fitzpatrick (35), of Fatima Mansions, Mr Hugh Byrne (33), Dolphin House,
Rialto; Mr Mark Cooke (25), Dolphin House and Mr William Kenny (55), St
Anthony's Road, all Rialto, have pleaded not guilty to the manslaughter of
Dwyer in Basin Lane, Dublin, on May 14th, 1996. The four also deny assault
causing actual bodily harm to Alan Byrne, and violent disorder on the same
date. The killing is alleged to have occurred after an anti-drugs meeting
in the Dolphin's Barn area.

Sgt Comerford told Mr George Birmingham SC, prosecuting, that Mr
Fitzpatrick volunteered a statement in which he said he carried a
lump-hammer to the meeting.

When the meeting finished, 30 to 40 men went on patrol to remove drug
dealers from the area, the statement continued. They confiscated heroin
from one youth and later came upon Josie Dwyer and Mr Alan Byrne.

Mr Fitzpatrick and a few others pulled Mr Byrne to the ground and kicked
him a few times, the statement continued. Afterwards, Josie Dwyer and Mr
Byrne left for nearby Reubens Street, followed by the anti-drugs group. Mr
Byrne pointed at a gash on his forehead and shouted back: "Johnny, I got 20
stitches, you'll get 40."

When Dwyer and Mr Byrne reached Fatima Mansions, some of the pursuers began
hitting Mr Byrne. Mr Fitzpatrick said he intervened and told them: "Enough
is enough".

Sgt Comerford said Mr Fitzpatrick outlined that the pursuit continued to
Basin Lane, where he and several other men hit Dwyer with two lump hammers.
"I took my lump hammer from my pocket and hit Josie on the left side of his
chest, full force," he said Mr Fitzpatrick told gardai.

He said Dwyer was facing him and fell to the ground when hit. Other people
hit him when he fell.

"I hit him on the right leg, I hit him everywhere, I can't remember how
many times," Mr Fitzpatrick was said to have continued. "How can I explain
this? Josie didn't move, all I could see was the white of his eyes."

Josie Dwyer curled up in a ball and the group moved to Mr Byrne. Mr
Fitzpatrick said he hit Mr Byrne several times with his fist, but threw the
lump hammer away. "I knew we had enough," he told gardai. Mr Byrne ran away
after being hit several times, but later fell down. The attackers returned
to Fatima Mansions and continued to patrol for drug dealers.

He Sgt Comerford said Sergeant Michael Hiney asked Mr Fitzpatrick if he
wanted to speak to a solicitor, to which he replied: "No, I'm guilty of
murder, I want to plead guilty now." Sgt Comerford said that he and Garda
Dan Murphy drove Mr Fitzpatrick to Fatima Mansions and Dolphin's Barn,
where he pointed out the scenes of the various confrontations with Mr Byrne
and Dwyer.

The trial continues before Judge Dominic Lynch and the jury.