Man admitted role in assault, trial is told

One of four men accused of beating a HIV-positive drug addict to death admitted to gardai that he was involved in the attack, …

One of four men accused of beating a HIV-positive drug addict to death admitted to gardai that he was involved in the attack, the Dublin Circuit Criminal Court was told yesterday.

Mr Hugh Byrne was said to have told gardai: "It went too far, he shouldn't have been killed," and that some of the other attackers were carrying sticks and batons.

Mr Byrne (33), of 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, deny the manslaughter of Josie Dwyer in Basin Lane, Dublin, 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.

The killing is alleged to have occurred after an anti-drugs meeting in Dolphin's Barn in Dublin. It was the 10th day of the trial before a jury of eight men and three women.

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Det Sgt John Melody told Mr George Birmingham SC, prosecution, that he arrested Mr Byrne for the murder of Mr Dwyer and questioned him in Kilmainham Garda station.

He asked him if he was involved in the attack on Josie Dwyer and, he said, Byrne replied: "I admit I was at Basin Lane. I did give him a few digs, but I didn't kill him."

He said that Mr Byrne also told gardai that he went to an anti-drugs meeting in Dolphin's Barn community centre at about 8.30 on the night of Josie Dwyer's death. He declined to tell gardai who had chaired the meeting, but listed several people as having attended.

Det Sgt Melody said Mr Byrne added that he was not a member of Concerned Parents Against Drugs, which organised the meeting, but said he was a "concerned parent with two kids".

The detective said Mr Byrne claimed a man named Philip McLoughlin was ordered to attend because he was letting drug addicts "shoot-up" in his flat.

At the end of the meeting, Det Sgt Melody said that Byrne told him it was decided by those present to remove "druggies" from the nearby flats.

They told some drug addicts to move away and came upon Mr Alan Byrne and Mr Dwyer. Mr Byrne began "mouthing off" and some of the group gave him "a few digs".

Sgt Melody continued that Byrne told him Alan Byrne and Mr Dwyer were both given a "hiding" when they reached Basin Lane, near St James's Street.

He continued that Mr Byrne declined to say who had beaten Mr Dwyer and Mr Byrne, but said there was a crowd present. He told gardai that he did not have a weapon, but said some of the others had sticks and batons. Some of them might have had iron bars or hammers, but he did not see any.