An anti-drugs vigilante who used a lump hammer to help beat a drug addict to death has been jailed for 7 1/2 years.
John Fitzpatrick gave a clenched fist salute and shouted "Up The Concerned Parents" as he was led from Dublin Circuit Criminal Court after sentence was passed yesterday.
His co-accused, Mark Cooke, was jailed for 20-months for causing violent disorder on the night Mr Josie Dwyer (42) was killed. Dublin Circuit Criminal Court heard he was beaten to death by about 15 men armed with hammers and batons.
Fitzpatrick was convicted on November 10th by a jury of the manslaughter of Mr Dwyer on May 14th, 1996. The jury failed to reach a verdict on a charge of manslaughter against Cooke but unanimously convicted Fitzpatrick (37), Fatima Mansions, and Cooke (25), Dolphin House, both Rialto, of violent disorder on the same occasion.
The jury also failed to decide whether the two men assaulted Mr Alan Byrne, who was with Mr Dwyer when they were attacked in Basin Lane, Dublin. Mr George Birmingham SC, prosecuting, said the Director of Public Prosecutions would not retry the two men on the charges on which the jury failed to reach a decision.
During their 23-day trial, Mr Byrne said he saw Mr Dwyer beaten to death. He also said he himself had been "screaming like a pig" while he was beaten up. After some time, Mr Dwyer stopped screaming, and when Mr Byrne shouted to him, there was no reply. Eventually, one of the attackers said someone was coming and they fled. Pleading mitigation, Mr Brendan Grogan SC, defending, said Fitzpatrick had only minor previous convictions for being drunk and disorderly. Mr Grogan said it was clear from the evidence of State Pathologist Prof John Harbison that Mr Dwyer was very sick at the time, and only minimum force was required to inflict the ruptured spleen which killed him.
He added that the anti-drugs groups in the Fatima Mansions had arisen from a genuine desire to protect children. Mr Stephen McCann, for Cooke, said his client had no previous convictions and the most serious allegation against him was that he kicked Mr Dwyer once on the leg.
Judge Dominic Lynch said he accepted the evidence of Prof Harbison, but noted Mr Dwyer died from injuries sustained during the attack in Basin Lane. He said he took into account the mitigating circumstances outlined by the two defence barristers and declined leave to appeal.
Eight other men accused of killing Mr Dwyer are to face man slaughter trials in the new year. Five are to be tried in Dublin Circuit Criminal Court and three in the Special Criminal Court.