NEW JURY TOLD OF DRUG ADDICT'S VIOLENT DEATH

A drug addict, seriously ill with HIV, was kicked and punched to death by a
large group of anti-drugs vigilantes, it was alleged at a manslaughter
trial today. Some of the attackers used hammers and batons in the attack, a
prosecutor told Dublin Circuit Criminal Court.

Mr George Birmingham SC told the court that drug addict Mr Josie Dwyer was
killed after a group of people sought out drug dealers after an anti-drugs
meeting in Dolphin's Barn in the city. A new jury was sworn in to hear the
case this morning, after an earlier trial was abandoned because two jury
members were unable to continue with the trail.

Mr Hugh Byrne (33), Dolphin House; Mr Mark Cooke (25), Dolphin House; Mr
John Fitzpatrick (35), Fatima Mansions, and Mr William Kenny (55), St
Anthony's Road, all deny the manslaughter on May 14th, 1996. They have also
pleaded not guilty to assault causing actual bodily harm on Mr Alan Byrne
and of violent disorder on the same date.

Opening the prosecution case, Mr Birmingham said Mr Byrne was co-chairman
of a meeting of anti-drugs activists in Dolphin's Barn community centre on
the night of the killing. After the meeting, a decision was taken to
"engage" with drug-dealers in the area.

Mr Dwyer, who was aged 41 or 42 at the time, was in the neighbourhood with
his flatmate, Mr Byrne. Mr Dwyer was a chronic drug-abuser, was HIV
positive, and was very frail. A group of men confronted Mr Dwyer and Mr
Byrne, and Mr Byrne was struck. Mr Dwyer and Mr Byrne walked to the Fatima
Mansions area of Rialto where Mr Byrne was again assaulted by the gang.

Mr Byrne and Mr Dwyer tried to flee but Mr Dwyer was frail and moved
slowly. The gang again attacked the two men in Basin's Lane. Some of the
attackers were armed with hammers, batons and implements similar to
baseball bats. Mr Dwyer was seriously hurt during the attack.

Some people came to his assistance and called for an ambulance. He was
taken to hospital, where he was found to be unconscious, and he later died.

Mr Birmingham said while it was not known which of the accused men struck
the fatal blow, they had acted "in common cause" and so must be considered
to have acted collectively, along with a number of other men.

The trial continues before Judge Dominic Lynch.