Pubdate: November 11, 1999
Source: Irish Times (Ireland)
Copyright: 1999 The Irish Times
Contact:  11-15 D'Olier St, Dublin 2, Ireland
Fax: + 353 1 671 9407
Website: http://www.ireland.com/

JURY FINDS MAN GUILTY OF JOSIE DWYER KILLING

One of two men accused of beating drug addict Mr Josie Dwyer to death has
been convicted by a jury of manslaughter at Dublin Circuit Criminal Court.
The other was found guilty on a lesser charge.

John Fitzpatrick was convicted by a 10-1 majority of the jury, which also
unanimously convicted him of causing violent disorder on the same night.

The jury disagreed on a manslaughter conviction against the second accused,
Mark Cooke, but unanimously convicted him of violent disorder.

The jury also disagreed on a third charge against the two men of assaulting
Mr Alan Byrne, who was with Mr Dwyer (42) when the pair were attacked by
anti-drugs vigilantes in the Basin Lane area of south inner-city Dublin.

Cooke (25), Dolphin House and Fitzpatrick (35), Fatima Mansions, both
Rialto, had denied the manslaughter of heroin addict Mr Dwyer on May 14th,
1996.

The jury reached their decision after 10 hours. The trial lasted 23 days.
Cooke became physically sick as the jury returned to give their verdict.

Judge Dominic Lynch remanded the two men in custody until November 16th
when a date will be set for sentencing. Last night Mr Hugh Byrne (33),
Dolphin House, Rialto, was found not guilty of similar charges.

During the trial, the court heard that Mr Alan Byrne and Mr Dwyer were
attacked by a large group of men after an anti-drugs meeting in Dolphin's
Barn community centre.

In his evidence, Mr Byrne told the court that Josie Dwyer screamed for
mercy as he was kicked and punched to death.

He also said he himself had been "screaming like a pig" while he was being
beaten. After some time, Josie Dwyer stopped screaming, and when Mr Byrne
shouted over to him, there was no reply.

Eventually, one of the attackers said someone was coming and they fled.i in
which he said he "murdered" Josie Dwyer with a lump hammer, Fitzpatick said
he was drunk when he made his statements, and couldn't remember what he had
told gardai.

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