A man accused of the manslaughter of heroin addict Mr Josie Dwyer in Dublin left the Special Criminal Court yesterday after all charges against him were dropped.
Two other men accused of the killing pleaded guilty to a lesser charge after they were rearraigned. Mr Bernard Dempsey (41), of Marrowbone Flats, was discharged from the court after prosecuting counsel, Mr George Birmingham SC, said the State was entering a nolle prosequi on all charges against him.
Ronald Byrne and Stephen Carney pleaded guilty to committing violent disorder in Dublin on May 14th, 1996, after Mr Birmingham asked that they be rearraigned when proceedings began yesterday. Counsel said the DPP was preparing a new charge against Byrne and Carney of assault causing harm and he asked for an adjournment. The court adjourned the case until today.
At the opening of the trial, Mr Birmingham said Mr Dwyer and his companion, Mr Alan Byrne (26), were attacked by a group of men after an anti-drugs meeting in Dolphin's Barn. Mr Dwyer died from a ruptured spleen after the assault.
It was the fifth day of the trial of Mr Dempsey, Carney (25), of Dolphin House, Rialto, and Byrne (40), of Cremona Road, Ballyfermot, who had pleaded not guilty to the manslaughter of Mr Dwyer (41) at Basin Lane, Dublin, on May 14th, 1996. They had also denied assaulting Mr Alan Byrne, causing him actual bodily harm and committing violent disorder. On Wednesday, a key prosecution witness was declared a hostile witness after she said she could not remember making statements to gardai about the killing.