Pubdate: Tue, 2 Nov 1999  
Source: Irish Independent (Ireland)
Copyright: Independent Newspapers (Ireland) Ltd
Contact:  http://www.independent.ie/
Author: Tomas MacRuairi

ACCUSED CLEARED OF BEATING ADDICT TO DEATH

Charges of manslaughter and assault against one of the accused in the Josie
Dwyer trial have been withdrawn from the jury by Judge Dominic Lynch at
Dublin Circuit Criminal Court.

William Kenny (55), St Anthony's Road, Rialto, was discharged from the
hearing following legal submissions by his counsel, Ciaran O'Loughlin SC,
in the absence of the jury.

Another accused, Hugh Byrne, has claimed in evidence to the jury that a
garda told him he was going "to stitch" him up by writing down what he
liked as an alleged statement and that he had done so. "That is why I'm
here now," he said.

Mr Byrne denied in his evidence that he was present when drug addict Josie
Dwyer was killed following an anti-drugs meeting in the Dolphin's Barn area
and claimed he went home directly from the meeting. He said witnesses who
gave evidence of him being involved had told "blatant lies" to the jury.
Several of them were from families involved in drugs and didn't like him.
His own "firm belief" was that there were people out to blacken him.

He said Det Sgt John Melody told him he was going to "stitch him up" and
had laughed at him when he pointed out repeatedly he wasn't involved in the
incidents leading to Josie Dwyer's death. He denied saying to gardai: "I
admit I was at Basin Lane and did give him a few digs" or "It went too far
... he should not have been killed". Hugh Byrne (33), Dolphin House, Mark
Cooke (25), Dolphin House and John Fitzpatrick (35), Fatima Mansions, all
Rialto, deny the manslaughter of Josie Dwyer in Basin Lane, Dublin on May
14, 1996. They also deny assault on Alan Byrne and violent disorder on the
same date.

Hugh Byrne, who was giving evidence at the opening of the defence case on
the 16th day of the trial, told his counsel, Diarmuid McGuinness SC the
term "druggie" used in the statement attributed to him was "a police word".
He would say "junkie". There were also other words he would not use.

Mr Byrne told Mr McGuinness he heard nothing at the meeting about going out
on patrol afterwards but it could have been said. It was normal for people
to walk about the area after the meetings to try to keep drug pushers out.

He didn't go out that night but went straight home. Mr Byrne told counsel
he knew Josie Dwyer as an addict but bore him no malice and described him
as one of the first people pushing heroin in Dublin. "He was a major
pusher, not a small time pusher," he said.

Cross-examined by prosecuting counsel George Birmingham SC the witness said
he wasn't "glad" about Josie Dwyer's death but wouldn't say he regretted it.

The trial continues.

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