ADDICT KICKED TO DEATH, COURT HEARS

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

Mr George Birmingham SC told the court that the drug addict, Mr Josie Dwyer,
was killed when a group of people sought out drug dealers after an
anti-drugs meeting in the Dolphin's Barn area of Dublin.

Mr Hugh Byrne (33), Mr Mark Cooke (25), both of Dolphin House, Mr John
Fitzpatrick (35), of Fatima Mansions, and Mr William Kenny (55), of St
Anthony's Road, all in Rialto, are charged with manslaughter and with
assault causing actual bodily harm to Mr Alan Byrne, and violent disorder on
May 14th, 1996.

Opening the prosecution case before a jury, 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 Alan Byrne. Mr Dwyer was a chronic drug-abuser, HIV
positive and 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, where Mr Byrne was
again assaulted by the gang.

They tried to flee, but Mr Dwyer was frail and moved slowly. The gang again
attacked them in the Basin Lane area. Mr Dwyer was seriously hurt.

Some people came to his assistance and called for an ambulance. He was taken
to hospital, where he was found to be effectively unconscious, and he later
died. An autopsy by the State Pathologist, Prof John Harbison, showed that
he had a ruptured spleen.

Mr Birmingham said Prof Harbison would tell the jury that Mr Dwyer already
had an inflamed spleen, most probably caused by his HIV.

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

Mr Birmingham added that while it was not known which of the defendants
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 members that they must consider the
case on the facts alone, regardless of any strong views they might have
about drugs.

The trial continues before Judge Dominic Lynch and a jury.