Addict died from ruptured spleen

The body of an HIV-infected drug addict allegedly killed by vigilantes showed no signs of a severe beating, the State Pathologist…

The body of an HIV-infected drug addict allegedly killed by vigilantes showed no signs of a severe beating, the State Pathologist has told a manslaughter trial.

Dr John Harbison told Mr Tom O'Connell, prosecuting, that the drug addict, Mr Josie Dwyer, died from a ruptured spleen caused by a single blow, and that in an ordinary person this would be unlikely to cause death.

He said Mr Dwyer showed no signs of being beaten by clubs, hammers or other weapons. Dr Harbison said Mr Dwyer had only one significant bruise to his skull and this may have been caused by a fall to the ground. He died from a ruptured spleen which bled three pints of blood into his abdominal cavity.

Mr Dwyer's spleen was five times the normal size, which was consistent with an AIDS-related disease.

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Four men, 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 Rialto, Dublin, deny the manslaughter of Mr Dwyer on May 14th, 1996.

The four have also pleaded not guilty to assault causing actual bodily harm to Mr Alan Byrne and to violent disorder on the same date. It was the third day of the trial before a jury of eight men and three women.

Cross-examined by Mr Diar maid McGuinness SC for Mr Byrne, Dr Harbison agreed there were no indications that Mr Dwyer was struck by any handheld implement and said he believed media reports immediately after the killing may have been exaggerated.

Earlier Mr Anthony Carney, a resident in Fatima Mansions, said he was "stoned out of his mind" when he made a statement to gardai about the events on the night of Mr Dwyer's death. He added that the only details he knew of the death were from newspapers.

Mr Fran O'Toole, another resident of Fatima Mansions, said that he, Mr Cooke, Mr Fitzpatrick and Mr Kenny went to an anti-drugs meeting in the flats complex on the night of Mr Dwyer's death.

About 20 or 30 people attended, and afterwards a decision was reached to go to Dolphin's Barn to see if any drug-dealing was taking place. Mr O'Toole said drug-pushers normally moved away from the area if they saw anti-drugs groups coming.

At a bus shelter in Dolphin's Barn, the group came upon Mr Byrne and Mr Dwyer. Mr Byrne was asked to leave the area and refused. He also threatened to run over members of the group in a car and burn their homes down.

Mr O'Toole said he was called home by his daughter as Mr Byrne and Mr Dwyer moved towards Reuben Street near Fatima Mansions.

The trial continues before Judge Dominic Lynch.