Jury told of drugs murder

A ganglandstyle murder after a failed drugs deal was described to a jury
yesterday. The hooded victim was beaten, shot in the back of the head and
left in a field.

The Central Criminal Court jury in Dublin was hearing the opening of the
prosecution case against Mr Scott Delaney (22), of Palmerstown Park,
Palmerstown, Dublin. He pleaded not guilty to the murder of Mark Dwyer
(23), of Foster Terrace, Ballybough, Dublin, on December 14th, 1996, and
falsely imprisoning him on that date at Foster Terrace.

Prosecuting counsel Mr Patrick Gageby SC said the State did not contend
that the defendant 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."

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. The
deceased was a person who had apparently been involved in quite serious
crime.

There was also a very strong suggestion, which was probably true, that he
assisted in the distribution of drugs in this country and did so "as part
of the gang of the man who actually pulled the trigger."

Mr Gageby said the prosecution maintained the victim appeared to have
"crossed" this man, who was "in the way" of distributing drugs,
particularly ecstasy. The man was "quite a large figure apparently in the
Dublin underworld, and had employed Mark Dwyer, who would appear to have
crossed him in some way."

This happened, he told the jury, when the handover of 40,000 ecstasy
tablets due to be delivered to him was to have taken place some time in
October in a pub on the north side of Dublin.

Mr Gageby said Mark Dwyer was given the job of going to get them. "He did
not get them or said he did not get them", and this made the gang leader
"very unhappy. It would appear he took the view that the person responsible
for them being missing was Mark Dwyer, that Mark Dwyer had effectively
ripped him off."

This, he said, was a very good motive for the gang leader killing Mark
Dwyer. Explaining the alleged involvement of the defendant, he said Scott
Delaney and Mark Dwyer appeared on the surface to be friends. The gang
leader was "seething" at the loss of the 40,000 ecstasy tablets. Dwyer was
in his flat with Mr Delaney and others early on the morning of December
14th.

Mr Gageby said it was the State case that the defendant 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, 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 Mr
Delaney was also taken away although he was not tied up in
any way.

Mr Gageby said around 6.45 a.m. that day a 999 call was made and gardai
went to a field between Finglas and Castleknock, where they found Mr
Delaney, who 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
severely beaten.

Mr Gageby asserted that not only did the defendant know Mark Dwyer was to
be abducted but he suggested there was clear evidence that he knew he was
going to be killed or seriously injured.

"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 Morris.