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Dublin shooting Judge grants more time to prepare case against man accused of attempted murder

He remanded the accused in custody to September 10.


Bernard Fogarty

Bernard Fogarty

Bernard Fogarty

Prosecutors have been given more time to prepare their case against a man accused of attempting to murder another man in a shooting in Dublin.

Bernard Fogarty (33) was remanded in continuing custody after a court heard the investigation was “complex” and involved a large amount of phone data and CCTV evidence.

Granting the adjournment, Judge Conal Gibbons said it was reasonable to extend the time required for the preparation of a book of evidence given the nature of the case.

Mr Fogarty, of Cromcastle Court, Kilmore, Coolock, Dublin is charged with the attempted murder of Mark Ivers, who was shot and injured at Streamville Road in Donaghmede on September 6, 2019.

The accused had first appeared in Dublin District Court on the charge earlier this summer and when the case came back before Judge Gibbons, the prosecuting garda said the book of evidence was not ready. He asked for a further two week remand.

The accused’s lawyer consented to this but asked the judge to mark the adjournment peremptory against the state, meaning the charge could be struck out if the book was not ready on the next date.

Judge Gibbons said because of the nature of the charge it would be going to the Central Criminal Court.

The defence lawyer said DPP directions were given previously and the 42 day deadline for preparation of the book of evidence had expired.

Judge Gibbons said he was “not too sure it was a reasonable proposition” to make a peremptory order.

Given the nature of the charge, he said it may take longer than 42 days to formulate a book of evidence.

He said the court had to consider the “reasonableness” of any extension of time and asked the garda why the book was not ready.

He replied that there was a large amount of phone data and there were statements outstanding in relation to this, including technical evidence from a civilian analyst. The case also involved CCTV evidence. It was a “complex” investigation, he agreed with Judge Gibbons.

The judge refused to make a peremptory order and said it was reasonable in the circumstances to grant an extension of time.

He remanded the accused in custody to September 10.

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Mr Fogarty, who appeared by video link from Portlaoise Prison, told the court he was consenting to his lawyer being served with the book of evidence on his behalf on the next day.

“I would like it to be by video link please,” he said. “My solicitor can proceed with the book of evidence for me.”

Mr Fogarty has not yet entered a plea to the charge.

The shooting happened directly across from Donahies Community School where students were still inside during band practice.

Mr Ivers (now aged 32), was blasted at least three times after he was set upon at around 7.10pm that evening,

He sustained gunshot wounds to his leg and abdomen and was treated at Beaumont Hospital.

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