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Swords murder trial gets under way at the Special Criminal Court


Special Criminal Court

Special Criminal Court

Special Criminal Court


The trial has begun at the Special Criminal Court of two Dublin men accused of murdering a man who was shot a number of times in 2020 and who later died after being in a comatose state for a year.

On Monday, the three-judge court heard the opening statement of the prosecution in what is described as a “circumstantial” case against the two males, who were arrested minutes after the killing of Barry Wolverson in Swords, Co Dublin.

A 33-year-old male, who cannot be named for legal reasons but is referred to as ‘AB’ by lawyers and Bernard Fogarty (34), with an address at 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 17, 2020.

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

On Monday at the non-jury court the two men pleaded not guilty to murder, possession of a firearm and of .38/.357 calibre bullets and of assault causing harm to another male, Gerard Wildman, on January 17, 2020 at the yard.

Paul Greene SC, for the DPP, said that the case was a “broadly circumstantial” one but said that “hopefully, the jigsaw will be complete by the time the prosecution finishes”.

Mr Greene said the court will hear that at the time of his killing, Mr Wolverson was a businessman who rented space at the yard and whose partner was expecting a child.

Mr Greene said the court will hear that Mr Wolverson and Mr Wildman were sitting in a car on the yard shortly before midday when Mr Wolverson was shot “several times”, resulting in him being treated in a residential care facility while in a comatose state.

Mr Greene said the evidence will be that Mr Wolverson eventually died from cardiac arrest due to the number of gunshots inflicted upon him.

The barrister said that a burned out black Citroen C4 vehicle was found 20 minutes after the shooting and that it had “cloned” plates.

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Mr Fogarty and ‘AB’ were observed 300 metres away from the vehicle in a Renault Megane near Greenwood Avenue, Ayrfield, Dublin 13. Mr Greene said that the evidence will be that both men smelled “strongly” of petrol when arrested and that Mr Fogarty had a “wet patch” on his trousers and had a green lighter in his hand.

He said that witnesses will say that Mr Fogarty went to the home of his sister where he removed a jerry can from a vehicle at the address before returning to the Megane.

Mr Greene said the trial will hear that the Citroen was not completely burned out after Mr Wolverson was shot and that two “partially lit” Zip fire logs were recovered from underneath seats in the vehicle.

Mr Greene said that these Zip fire logs were similar to another one found in the Renault Megane used by both men and that CCTV would show both men at a petrol station where all three logs were purchased.

He said the court will hear that while no firearm was recovered firearm residue was present on both men and the evidence will show that ‘AB’ was the shooter.