DRUG ADDICT KICKED TO DEATH BY VIGILANTES by Sean O’Driscoll

A drug addict seriously ill with HIV was kicked and punched to death
by a large group of anti drugs vigilantes, a manslaughter trial heard
yesterday.

Some of the attackers used hammers and batons in the attack, a
prosecutor told Dublin Circuit Criminal Court.

George Birmingham SC told the court that drug addict Josie Dwyer was
killed after a group of people sought out drug dealers after an anti
drugs meeting in the Dolphin’s Barn area of the city.

It was the first day of the manslaughter trial of Hugh Byrne (33),
Dolphin House; Mark Cooke (25), Dolphin House; John Fitzpatrick (35),
Fatima Mansions; and William Kenny (55), St Anthony’s Road, all
Rialto. The four have also been charged with assault causing actual
bodily harm on Alan Byrne and of violent disorder on May 14, 1996.

Opening the prosecution case, Mr Birmingham said one of the accused,
Huge 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.

Josie Dwyer, aged 41 or 42 at the time, was in the neighbourhood with
his flatmate, Alan Byrne. Dwyer was a chronic drug abuser, was HIV
positive, and was very frail.

A group of men confronted Dwyer and Byrne, and Byrne was struck. Dwyer
and Byrne walked to the Fatima Mansions area of Rialto where Byrne was
again assaulted by the gang.

Byrne and Dwyer tried to flee, but Dwyer was frail, and moved slowly.
The gang again attacked the two men in the Basin’s Lane area of the
city.

Some of the attackers were armed with hammers and batons.

Some people came to Dwyer’s assistance and after being taken to
hospital, he was found to be effectively unconscious. He later died.

An autopsy carried out by the State Pathologist Prof John Harbison
revealed that Dwyer had been killed by a ruptured spleen. Mr
Birmingham said Prof Harbison would tell the jury Dwyer already had an
inflamed spleen, most likely caused by his HIV illness.

Dr Harbison would also say that Dwyer was killed by a fatal blow to
the chest above the rib cage. He could also confirm that it would not
have taken a considerable blow to kill him.

Mr Birmingham added that while it was not known which of the accused
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.

Earlier, Mr Birmingham warned the jury that they must consider the
case on the facts alone, regardless of any strong views they may have
about the scourge of drugs in the Dublin area, or any strong views
they may have about people taking the law into their own hands.

The trial continues before Judge Dominic Lynch.