Pubdate: Wed, 27 Oct 1999
Source: Examiner, The (Ireland)
Copyright: Examiner Publications Ltd, 1999
Contact:  http://www.examiner.ie/
Author: Sean O’Driscoll

MEN SEEMED OUT OF THEIR MINDS ATTACKING DRUG ADDICT

A man accused of beating drug addict Josie Dwyer to death told gardai
he saw a group of men who seemed to be out of their minds attacking
Mr. Dwyer with batons and sticks.

Mark Cooke said the attackers were like wild men and totally out of
control. He said he only kicked Josie Dwyer once, and had formerly
considered him to be a close personal friend.

He also told gardai he feared the men involved in the attack and
refused to pick them out from an identification parade.

Hugh Byrne (33), Dolphin House, Rialto; Mark Cooke (25), Dolphin
House; John Fitzpatrick (35), Fatima Mansions; and William Kenny (55),
St Anthony’s Road, all Rialto, deny the manslaughter of Josie Dwyer in
Basin Lane, Dublin 8 on May 14, 1996.

The four have also pleaded not guilty to assault causing actual bodily
harm on Alan Byrne and of violent disorder on the same date.

The killing is alleged to have occurred after an anti drugs meeting in
the Dolphin’s Barn area of Dublin’s south inner city. It was the 12th
day of the trial before a jury of eight men and three women. Detective
Sergeant John Doyle said that when Mark Cooke was interviewed by
gardai 11 days after the killing, he admitted kicking Josie Dwyer but
said he was then swept away by the weight of the crowd.

Mr Cooke told gardai he had attended an anti drugs meeting in
Dolphin’s Barn earlier on the night. People at the meeting told a man
named Alan McLoughlin that he had 24 hours to get out of the Dolphin’s
Barn area because he was allegedly allowing heroin addicts to use his
flat.

Most of the group went on an anti drugs patrol after the meeting and
came upon a man named Keith Kenny, who was earlier identified as
causing trouble in the Dolphin’s Barn flats. A man identified in court
as “Mr J” told Mr Kenny that he should stop his bull st or he would be
fked out of the flats.

One part of the patrol came upon a drug dealer in the centre of
Dolphin’s Barn and Mr Cooke prised three small packets of heroin from
the man’s hand. Later, a number of people hit Alan Byrne and the
patrol followed him and Josie Dwyer to Fatima Mansions.

About eight men from the group “hopped” Alan Byrne, and began punching
and kicking him. Members of the patrol chased Mr Byrne and Josie Dwyer
to Basin Lane where a number of men attacked them with batons and
sticks. “The attackers were completely wild and seemed to have lost
their minds,” Mr Cooke added.

Later the men involved in the attack threw their weapons onto a nearby
roof and walked up Basin Lane. Mr Cooke didn't think Alan Byrne and
Josie Dwyer were badly injured, but he was worried about Josie Dwyer
because he was “like a matchstick”.

The trial continues before Judge Dominic Lynch and the jury.
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