A drug addict, seriously ill with HIV, was kicked and punched to death by a large group of anti-drugs vigilantes, it was alleged at a manslaughter trial today. Some of the attackers used hammers and batons in the attack, a prosecutor told Dublin Circuit Criminal Court.
Mr George Birmingham SC told the court that drug addict Mr Josie Dwyer was killed after a group of people sought out drug dealers after an anti-drugs meeting in Dolphin's Barn in the city. A new jury was sworn in to hear the case this morning, after an earlier trial was abandoned because two jury members were unable to continue with the trail.
Mr Hugh Byrne (33), Dolphin House; Mr Mark Cooke (25), Dolphin House; Mr John Fitzpatrick (35), Fatima Mansions, and Mr William Kenny (55), St Anthony's Road, all deny the manslaughter on May 14th, 1996. They have also pleaded not guilty to assault causing actual bodily harm on Mr Alan Byrne and of violent disorder on the same date.
Opening the prosecution case, 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 Byrne. Mr Dwyer was a chronic drug-abuser, was HIV positive, and was 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 of Rialto where Mr Byrne was again assaulted by the gang.
Mr Byrne and Mr Dwyer tried to flee but Mr Dwyer was frail and moved slowly. The gang again attacked the two men in Basin's Lane. Some of the attackers were armed with hammers, batons and implements similar to baseball bats. Mr Dwyer was seriously hurt during the attack.
Some people came to his assistance and called for an ambulance. He was taken to hospital, where he was found to be unconscious, and he later died.
Mr Birmingham said while it was not known which of the accused men 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.
The trial continues before Judge Dominic Lynch.