Two men have charges upgraded to murder after alleged victim dies

Two Dublin men have had attempted murder charges against them upgraded to murder after the death of their alleged victim in hospital.

On Friday the three-judge court Special Criminal Court accepted jurisdiction to hear the cases of Bernard Fogarty and Robert Redmond, who are now accused of the murder of Barry Wolverston in Swords, Co Dublin, two years ago.

Mr Redmond (33), of Woodview Close, Donaghmede, Dublin 13, and Mr Fogarty (34), of Cromcastle Court, Kilmore, Coolock, Dublin 5, are both charged with the murder of Mr Wolverson at Madigan's Yard, Kileek Lane, Swords, Co Dublin, on January 17th, 2020.

The two men were charged before the non-jury court in April of last year with the attempted murder of Mr Wolverston, who died on February 21st, 2021 after a lengthy spell in hospital.

On Friday, State solicitor Ciara Vibien applied for the two men to be tried at the Special Criminal Court under the new charges in circumstances where the DPP has deemed the normal courts inadequate to secure the effective administration of justice under Section 49 of the Offences Against the State Act.

Ms Vibien said that the two attempted murder charges were to be withdrawn and replaced by the murder accusation and that Books of Evidence had been served on the two men.

Detective Garda Warren O'Sullivan of Swords Garda station told the court that he charged Mr Fogarty in the Criminal Courts of Justice building at 10.59am and then served him with the Book of Evidence in the body of the court.

Detective Garda Michael McGuinness of Santry Garda station told the court that he charged Mr Redmond at 12.40pm in the court building and Mr Redmond was then also served with the Book of Evidence.

Mr Redmond and Mr Fogarty are also charged with assault causing harm to Gerard Wildman also at Madigan's Yard, Killeek Lane, Swords, Co Dublin on the same date.

The two accused are further charged with possession of a firearm and ammunition to wit .38/.357 calibre bullets with intent to endanger life or cause serious injury on the same occasion.

Presiding judge Mr Justice Tony Hunt, sitting with Judge Gerard Griffin and Judge Cormac Dunne, allowed the application and said the attempted murder charges in both cases are to be withdrawn.

Both men were present in the court on Friday and only spoke “yes” to confirm their names to the registrar when presented with the upgraded charges.

The original trial date of June 15th, 2022, is to stay in place, said Mr Justice Hunt.