A man screamed for mercy as he was kicked and punched to death by vigilantes, Dublin Circuit Criminal Court heard yesterday. Mr Josie Dwyer, an HIV-infected drug addict, was beaten to death with batons and sticks, his friend told the court.
Mr Alan Byrne (27) said he was also "milked" by the vigilantes, who beat him on the arms, legs, head and ribs. "We were lashed out of it," he said. The two men were rushed to hospital, and Mr Dwyer was pronounced dead.
Six Dublin men deny killing Mr Dwyer four years ago at Basin Lane in the south inner city. The trial before Judge Patrick McCartan is scheduled to continue for four weeks.
Each man has pleaded not guilty to the manslaughter of Mr Dwyer on May 14th, 1996; assault causing actual bodily harm on Mr Byrne; and violent disorder. The six accused are Mr William Kenny (55), Mr John Kenny (40), Mr Martin Glynn (46), Mr Christopher O'Shea (49) and Mr Alan Kelly (36), all from the Rialto area; and Mr Mark Alford (30), of Crumlin.
There was tight security for Mr Byrne's evidence, and everyone entering the courtroom was screened by a metal detector. Mr Byrne was escorted by plainclothes gardai.
He told Mr George Birmingham SC, prosecuting, that in May 1996 his own heroin addiction was "as bad as you can get" and Mr Dwyer "was the most physically wretched person you could imagine. He was like a 60-year-old man on his last legs from cancer."
Mr Byrne said he and Mr Dwyer had been "banged up" on heroin twice on that day. In the evening, as they passed the ice-rink in Dolphin's Barn, they saw about a dozen people watching them from across the road.
The group "made a beeline" for them. They were not friendly but were not saying anything in particular. One man told them "to get off the f---ing Barn".
Mr Byrne said he explained they were in Dolphin's Barn to buy "cigarettes and munchies" and asked what the problem was. The man screamed at him and threw him up against the metal shuttering of a shop. He hit Mr Byrne "a few slaps" and others joined in. He said he and Josie Dwyer walked to the Fatima Mansions flat complex and were followed by the group.
They were now "freaked to bits" and Mr Byrne exchanged "a bit of verbal" with the pursuing group because his wrist had been cut in the assault. At Fatima Mansions they were confronted by a group led by a local man, Mr Ronald Byrne. Mr Byrne said Mr Ronald Byrne punched him to the ground. Others punched and kicked him and he did not know what happened to Mr Dwyer during the assault. He and Mr Dwyer fled from the scene and walked up nearby Basin Lane. Four or five people ran ahead of them and blocked off the top of the lane.
Mr Byrne said he and Mr Dwyer "knew what was coming" and could see weapons inside the men's jackets. Mr Byrne said he was punched in the back of the head by people behind them. Mr Dwyer was also punched and was sent flying forward. Both men were "lashed out of it" with weapons, and Mr Byrne could hear Mr Dwyer screaming "What for? What for?"
After a few minutes the group fled. Mr Dwyer was having difficulty breathing and was "gurgling" at the mouth. Mr Byrne and a group of local teenagers helped him to nearby flats. He was given an inhaler but was in visible distress. They were later rushed to hospital, and Mr Dwyer was pronounced dead. Mr Byrne said he attacked a doctor who tried to persuade him to stay in the hospital and went home. He was in great pain for the next two to three weeks and was "in a heap".
Mr Byrne identified Mr William Kenny as one of the men who attacked him at Dolphin's Barn but said he did not see him at the subsequent two attacks. He said Mr Martin Glynn had been at all three attacks but he could not say for certain if he had any direct involvement.
Mr Byrne agreed with Mr Eamonn Leahy SC, for Martin Glynn, that he told gardai he had met a local girl earlier that night. He agreed that this was a mistake and he had been talking to a friend, Mr Declan Mahon. Mr Byrne denied that his ability to identify people had been impaired that night by his heroin use.
A Dolphin's Barn resident, Mr David Boyle, said he could not remember what happened the night Mr Dwyer died. "I wasn't there, I didn't see anything" he told the court. Mr Birmingham said he wished to make an application to the court and Judge McCartan asked the jury to leave.
When they returned, another witness, Mr Sean Cahill, said he did not remember anything about that night and only heard about it the next morning. He said that as far as he knew he was related to Mr Dwyer. Mr Birmingham again said he had an application to make in the absence of the jury, which was asked again to leave the courtroom.
The trial continues before Judge McCartan and a jury of six men and six women.