A Dublin man told the Special Criminal Court yesterday that Mr Josie Dwyer, a heroin addict, lay screaming "like a lunatic" in the road as he was "beat to a pulp" by men armed with poles and bars.
Mr Alan Byrne, a former heroin addict, said one man grabbed Mr Dwyer after the assault and said: "Now you bastards, you'll get out of the Barn the next time we tell you." He then spat in his face.
Mr George Bermingham SC, prosecuting, told the court that Mr Dwyer and Mr Byrne were attacked in "an assault of some ferocity that involved punches, kicks and the use of weapons" by a group of men after an anti-drugs meeting in Dolphin's Barn.
He said Mr Dwyer, a heroin addict who was HIV positive, died from a ruptured spleen shortly after the assault.
It was the opening day of the trial of three Dublin men, Mr Bernard Dempsey (41), of Marrowbone Flats; Mr Stephen Carney (25), of Dolphin House, Rialto; and Mr Ronald Byrne (40), of Cremona Road, Ballyfermot, who plead not guilty to the manslaughter of Mr Dwyer (41), at Basin Lane, Dublin, on May 14th, 1996. They also deny assaulting Mr Dwyer's companion, Mr Alan Byrne (26), causing him actual bodily harm.
Mr Alan Byrne, giving evidence, said he lived in the Basin Lane flats and Mr Dwyer lived in the flat opposite. As they headed towards a garage shop in Dolphin's Barn for cigarettes, they were surrounded by a group of men who told them to "get out of the Barn". He was thrown up against the shutters of a shop and punched.
He saw Mr Dwyer struggling with the men and then Mr Dwyer grabbed him and the two of them walked on to Fatima Mansions, where they were confronted by another group who came from two parked cars.
Mr Byrne said he recognised Mr Ronald Byrne as one of the men. Mr Byrne punched him on the jaw, knocking him down on his back, and then said: "Get the little bastard." "Everyone just started laying into me," he said. He said Mr Stephen Carney was among those who assaulted him. He struggled to his feet and he and Mr Dwyer walked towards the Basin Lane flats.
The group of men followed them and then four or five men ran towards them. They started taking weapons from their coats - poles and bars. Mr Byrne said he heard someone shout "get the bastards" and he got a smack at the side of the head and Mr Dwyer got knocked down. Seven or eight men, each with a pole or a bar, started trying to hit him, and Mr Dwyer ended up on his back.
"He was screaming like a lunatic. He was getting beat to bits," Mr Doyle said. He said Mr Dwyer was screaming for help and was saying "please leave me alone, leave me alone" and then he went quiet. He said Mr Dwyer was "just basically beat to pulp".
After that, Mr Dwyer stopped screaming but was still getting beaten and then Mr Byrne said he heard someone screaming to stop, that there was somebody coming.
Mr Byrne said Mr Stephen Carney and Mr Ronald Byrne were among those who assaulted Mr Dwyer.
He said he saw Mr Carney "plunging" on Mr Dwyer's chest and he saw Mr Byrne "giving a few boots into Josie". He was wandering back and forth between us," he added.
He also saw someone give Mr Dwyer a kick in the head as the group was leaving. Mr Byrne said an ambulance took him and Mr Dwyer to St James's Hospital.
The trial continues today.