Murder victim 'set up by his pal'

A GANGLANDstyle execution after a failed drugs deal was described to a
murder trial jury yesterday as they were told how the victim was hooded,
beaten, shot in the back of the head and dumped in a field.

The jury at the Central Criminal Court in Dublin was hearing the opening of
the prosecution case against Scott Delaney (22), of Palmerstown Park,
Palmerstown in Dublin. He denies murdering Mark Dwyer (23), of Foster
Terrace, Ballybough, Dublin on December 14, 1996 and falsely imprisoning
him at Foster Terrace.

Prosecuting counsel Patrick Gageby SC said the State did not contend that
the accused had killed the victim but he told the jury of seven men and
five women: "Most importantly we say that Scott Delaney was involved up to
his neck and for that reason is as guilty of murder as if he himself pulled
the trigger."

Delaney, he said, had set up Dwyer for his killing by ensuring the victim
was present at a particular address when the gang came to get him. Dwyer
regarded Delaney as a friend.

Opening the prosecution, Mr Gageby told the jury: "The facts of the case
are going to be somewhat gruesome and somewhat distressing."

He said a number of witnesses in the case came from the Dublin underworld
and had been involved in crime. The deceased was a person who had been
involved apparently in "quite serious crime". It was probable that he
assisted in the distribution of drugs "as part of the gang of the man who
actually pulled the trigger".

Mr Gageby said the prosecution maintained that the victim appeared to have
"crossed" a fairly bigtime criminal for whom he worked distributing drugs,
especially ecstasy.

Dwyer, he said, was given the job of collecting 40,000 ecstasy tablets but
failed to deliver these as arranged. This left his crime boss "seething"
because he concluded Dwyer had "ripped him off".

Mr Gageby said it was the State's case that Scott Delaney, who the dead man
regarded as a friend, had agreed to set up Mark Dwyer by making sure he was
in a place where he could be "easily nabbed by a gang and taken away for
questioning".

He assisted, set up and enabled this, Mr Gageby told the jury. He said that
the front door of the flat burst open and a number of disguised men came
in, one at least of whom had some kind of shotgun.

They said to Mark Dwyer: "You are coming with us. You have been a silly
boy." He was tied up with flex and hooded and Scott Delaney was also taken
away though he was not tied up.

Mr Gageby said that at about 6.45am that day a 999 call was made and Gardai
went to a field between Finglas and Castleknock, where they found Delaney.
He appeared to be slightly incoherent.

Further away in the field they discovered the body of Mark Dwyer still tied
up and with a pillow slip over his head.

"He had been shot close to the back of the head very deliberately" in what
would appear to be a " gangland execution" and it looked like he had been
beaten quite severely.

Mr Gageby asserted that not only did the accused know that Mark Dwyer was
to be abducted but there was clear evidence that he knew Dwyer was going to
be killed or caused serious injury.

"It is not suggested that Scott Delaney actually killed this man but he was
part and parcel of the enterprise of abducting him and knew well what was
going to happen to him."

The trial continues today before Mr Justice Frederick Morris.