Charges of manslaughter and assault against one of the accused men in the Josie Dwyer trial have been withdrawn from the jury by Judge Dominic Lynch at Dublin Circuit Criminal Court.
Mr William Kenny (55), St Anthony's Road, Rialto, was discharged from the hearing following legal submissions by his counsel, Mr Ciaran O'Loughlin SC (with Giollaiosa O Lideadha), in the absence of the jury.
Another accused man, Mr 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 Mr Dwyer, a drug addict, was killed following an anti-drugs meeting in the Dolphin's Barn area and claimed he went home directly from the meeting. "I had no hand, act or part in the matter," he said.
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 did not like him. His own firm belief was that there were people out to "blacken" him.
Mr Byrne said he did not give gardai the names of people who were at the meeting. They were given to him by Det Sgt John Melody and another garda and then attributed to him. He said Det Sgt Melody told him he was going to "stitch him up".
Mr Hugh Byrne (33), Dolphin House, Mr Mark Cooke (25), Dolphin House, and Mr John Fitzpatrick (35), Fatima Mansions, all Rialto, deny the manslaughter of Mr Dwyer in Basin Lane, Dublin, on May 14th, 1996. They also deny assault on Mr Alan Byrne and violent disorder on the same date.
Mr Hugh Byrne, who was giving evidence at the opening of the defence case on the 16th day of the trial, told his counsel, Mr Diarmuid McGuinness SC (with Mr Micheal O'Connor), the term "druggie" used in the statement attributed to him was "a police word". He would say "junkie".
Asked by prosecuting counsel, Mr George Birmingham SC (with Tom O'Connell), why he did not tell the sergeant in charge of the station after his arrest that Det Sgt Melody had threatened to "stitch him up", the witness replied that he could not complain to one garda about another.
The trial continues.