ACCUSED SAYS HE TOOK PART IN ATTACK

ONE of four men accused of beating an HIV positive drug addict to death
admitted to gardai he was involved in the attack, Dublin Circuit Criminal
Court heard yesterday

"It went too far, he shouldn't have been killed," Hugh Byrne told gardai. He
also told them some of the other attackers were carrying sticks and batons.

Byrne, 33, Dolphin House, Rialto; Mark Cooke, 25, Dolphin House; John
Fitzpatrick, 35, Fatima Mansions; and William Kenny, 55, St Anthony’s Road,
all Rialto, all deny the manslaughter of Josie Dwyer in Basin Lane, Dublin 8
on May 14, 1996. The four have also pleaded not guilty to assault causing
actual bodily harm on Alan Byrne and of violent disorder on the same date.

The killing is alleged to have occurred after an anti drugs meeting in the
Dolphin's Barn area of Dublin’s south inner city. It was the 10th day of the
trial before a jury of eight men and three women.

Detective Sergeant John Melody told prosecution counsel George Birmingham SC
he arrested Hugh Byrne for the murder of Josie Dwyer and questioned him in
Kilmainham garda station. Asked if he was involved in the attack on Josie
Dwyer, Byrne told gardai: "I admit I was at Basin Lane. I did give him a few
digs, but I didn’t kill him."

Mr Byrne also told gardai he went to an anti drugs meeting in Dolphin's Barn
community centre at about 8.30pm on the night of Josie Dwyer’s death.

Mr Byrne said he was not a member of Concerned Parents Against Drugs, the
group which organised the meeting, but he was a "concerned parent with two
kids".

He also told gardai a man named Philip McLoughlin was ordered to attend
because he was letting addicts shoot up in his flat.

People at the meeting gave McLoughlin 24 hours to get out of the area and
threatened to throw out his belongings.

At the end of the meeting, it was decided by those present to remove
"druggies" from the nearby flats. They told some addicts to move away and
came upon Alan Byrne and Josie Dwyer. Alan Byrne began mouthing off and some
of the group gave Byrne a few digs, the court was told.

When Alan Byrne and Josie Dwyer moved towards the Fatima Mansions flat
complex, the group followed them and gave Alan Byrne a few more digs. Alan
Byrne and Josie Dwyer were both given a hiding when they reached Basin Lane,
near St James’ Street. Mr Byrne declined to say who had beaten Josie Dwyer
and Alan Byrne, but said there was a crowd present.

Cross examined by Ciaran McGuinness SC for Hugh Byrne, Det Sgt Melody agreed
that on the previous night, he had arrested Hugh Byrne’s father, Hugh Byrne
senior, but was satisfied with his alibi. He said he decided to make a
prompt arrest of Byrne junior because he was concerned Byrne senior would
pass on information about the investigation.

When arrested, Byrne junior refused to sign any document put in front of
him. "He was his father’s son," the Det Sgt said, adding that Byrne senior
was involved in an organisation well aware of police operations.

Asked if he was introducing innuendo, Det Sgt Melody repeated that he was
aware that Hugh Byrne senior was involved in an organisation.

He agreed Hugh Byrne junior had no criminal convictions and had never been
previously arrested.