Paint on spade did not match paint at Dwyer home

Written By Unknown on Kamis, 26 Februari 2015 | 22.40

Specks of paint on a spade found near the scene where Elaine O'Hara's remains were discovered, did not match samples of paint taken from Graham Dwyer's home in Foxrock, the Central Criminal Court has been told.

Bridget Fleming from the chemistry section of the Forensic Science Laboratory said she had examined specks of paint from the spade.

She said she understood her examination of the spade related to the fact that Mr Dwyer's wife had identified it and had said the spots of paint on it had arisen while the garden fence had been painted.

Ms Fleming said she had also examined a piece of the fence in the garden of Mr Dwyer's home in Kerrymount Close in Foxrock and some pots of paint found in the shed.

She said the piece of the fence was a particularly good piece of reference material. She said she examined the spots of paint under a high powered microscope.

She said there were similarities between the spots on the spade and the samples from Mr Dwyer's home.

But she said when she analysed the chemical composition of the paints, the paint on the spade was very similar to the samples from the Dwyer home, but there were small differences which meant they did not match.

Yesterday, Mr Dwyer's wife, Gemma identified the spade as being one missing from their home.

She said she recognised it from the stickers and from the orangey red paint splatters on it.

The spade was found by gardaí at Killakee Woods in September 2013 in an area near where Ms O'Hara's remains were found.

The court heard earlier that full DNA profiles matching that of Mr Dwyer were found in three areas on the mattress from Ms O'Hara's apartment in Stepaside.

Dr David Casey from the forensic science laboratory was giving evidence at the trial.

Readers may find some of the details in this report disturbing

He told the court semen was found in five areas on the mattress.

He said full DNA profiles matching the accused man's were found in three of these areas.

He said it was not possible to determine when they had been deposited.

Dr Casey added that the chance of the DNA profiles belonging to someone other than Mr Dwyer was considerably less than one in a thousand million.

There were partial profiles matching Mr Dwyer on the two remaining areas of semen staining on the mattress and from another area of the mattress, he said.

There were also blood stains on the mattress, the court was told. 

Again, Dr Casey was unable to determine when they had been deposited.  

He said there was no reliable test to allow scientists to determine when bodily fluids were deposited.

He said there were four different areas of bloods staining. Two of the areas had holes or cuts. Blood from these areas matched the DNA profile of Ms O'Hara, he added.

He said there were five stabs or cuts and three small holes on the mattress.

He said blood stains from a beanbag cover also matched Ms O'Hara's DNA. He said he found a stab or cut on the beanbag cover.

Dr Casey also examined items found at Killakee Wood, where Ms O'Hara's remains were found in September 2013.  

He said he did not find semen or blood on a pair of tracksuit bottoms or on other items.

He also examined a spade found near the area where Ms O'Hara's remains were found.  

He said there was no blood on the spade. And he found a low level partial DNA profile from at least two people on the handle.

This would have been unsuitable and unsafe to interpret any further, he added.

Dr Casey said the absence of biological material on all may not be significant as he agreed he had an extremely low expectation of finding any given the exposure of these items to the natural environment for such a prolonged period of time.

He also examined two condoms found at the "second site" near where the remains were found.

He found a DNA profile from an unknown male on one of the condoms. He said due to the condition of the condoms he believed they had been discarded recently rather than having been lying in the woods for more than a year.

Dr Casey said he examined three vehicles from Kerrymount Close in Foxrock for the presence of blood but he did not find any blood on any of the vehicles.

The trial is expected to take another three weeks, the jury members have been told.

Mr Justice Tony Hunt said that taking the "maximum, expansive" view of the case, the proceedings may take another three weeks.

He also told the jury that the prosecution was moving on to another part of the evidence involving telephone traffic. 

He said this kind of evidence was capable of generating large amounts of data and call records.     

In some cases, the prosecution could be required to prove everything in minute detail which would leave the jury with a blizzard of irrelevant detail, he added.

However, he said that would not be required in this case and credit must go to the accused for giving his consent for that approach.


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