A gangland-style murder after a failed drugs deal was described to a jury yesterday. The hooded victim was beaten, shot in the back of the head and left in a field.
The Central Criminal Court jury in Dublin was hearing the opening of the prosecution case against Mr Scott Delaney (22), of Palmerstown Park, Palmerstown, Dublin. He pleaded not guilty to the murder of Mark Dwyer (23), of Foster Terrace, Ballybough, Dublin, on December 14th, 1996, and falsely imprisoning him on that date at Foster Terrace.
Prosecuting counsel Mr Patrick Gageby SC said the State did not contend that the defendant had killed the victim, but he told the jury of seven men and five women: "Most importantly we say that Scott Delaney was involved up to his neck and for that reason is as guilty of murder as if he himself pulled the trigger."
Opening the prosecution, Mr Gageby told the jury: "The facts of the case are going to be somewhat gruesome and somewhat distressing." He said a number of witnesses in the case came from the Dublin underworld. The deceased was a person who had apparently been involved in quite serious crime.
There was also a very strong suggestion, which was probably true, that he assisted in the distribution of drugs in this country and did so "as part of the gang of the man who actually pulled the trigger."
Mr Gageby said the prosecution maintained the victim appeared to have "crossed" this man, who was "in the way" of distributing drugs, particularly ecstasy. The man was "quite a large figure apparently in the Dublin underworld, and had employed Mark Dwyer, who would appear to have crossed him in some way."
This happened, he told the jury, when the hand over of 40,000 ecstasy tablets due to be delivered to him was to have taken place some time in October in a pub on the north side of Dublin.
Mr Gageby said Mark Dwyer was given the job of going to get them. "He did not get them or said he did not get them", and this made the gang leader "very unhappy. It would appear he took the view that the person responsible for them being missing was Mark Dwyer, that Mark Dwyer had effectively ripped him off."
This, he said, was a very good motive for the gang leader killing Mark Dwyer. Explaining the alleged involvement of the defendant, he said Scott Delaney and Mark Dwyer appeared on the surface to be friends. The gang leader was "seething" at the loss of the 40,000 ecstasy tablets. Dwyer was in his flat with Mr Delaney and others early on the morning of December 14th.
Mr Gageby said it was the State case that the defendant had agreed to "set up" Mark Dwyer by making sure he was in a place where he could be "easily nabbed by a gang and taken away for questioning."
He assisted, set up and enabled this, Mr Gageby told the jury. He said that the front door of the flat burst open and a number of disguised men came in; one, at least, had some kind of shotgun.
They said to Mark Dwyer: "You are coming with us. You have been a silly boy." He was tied up with flex and hooded, and Mr Delaney was also taken away although he was not tied up in any way.
Mr Gageby said around 6.45 a.m. that day a 999 call was made and gardai went to a field between Finglas and Castleknock, where they found Mr Delaney, who appeared to be slightly incoherent. Further away in the field they discovered the body of Mark Dwyer still tied up and with a pillow slip over his head.
"He had been shot close to the back of the head very deliberately" in what would appear to be a "gangland execution" and it looked like he had been severely beaten.
Mr Gageby asserted that not only did the defendant know Mark Dwyer was to be abducted but he suggested there was clear evidence that he knew he was going to be killed or seriously injured.
"It is not suggested that Scott Delaney actually killed this man but he was part and parcel of the enterprise of abducting him and knew well what was going to happen to him."
The trial continues today before Mr Justice Morris.