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Dwyer manslaughter trial opens in Circuit Criminal Court

Four men have gone on trial in the Dublin Circuit Criminal Court accused of killing Josie Dwyer, a chronic drug abuser from Dublin's South inner city.

The four accused are Hugh Byrne and Mark Cooke both with addresses at Dolphin House, Rialto, William Kenny, St Anthony's Road Rialto and John Fitzpatrick of Fatima Mansions. The four deny charges of manslaughter, assault and violent disorder in the Basin Street area of Dublin in May 1996.

On May 14 1996, a meeting of people concerned about drugs in the South Inner City in Dublin was held in the Community Centre in Dolphins Barn. According to the prosecuting counsel in this case, George Birmingham, the meeting did not break up normally and a decision was taken to go and engage with people in the area believed to be involved in the drugs scene.

Three confrontations later took place with Josie Dwyer, who was HIV positive and seriously ill, and his flat mate Alan Byrne. Mr Dwyer was taken to hospital following the confrontation in Basin Street and died from a ruptured spleen. Because of Mr Dwyer's ill health the medical evidence suggests it would not have taken a blow of great force to cause the fatality. While the prosecution cannot say who delivered the fatal blow, they say that the four accused acted with a common design and were participants in the assaults. The trial is expected to last several weeks.