Jury in Graham Dwyer trial begins deliberations

Written By Unknown on Selasa, 24 Maret 2015 | 22.40

The judge in the trial of Graham Dwyer for the murder of Elaine O'Hara has sent the jury out to consider their verdict.

Earlier, Mr Justice Tony Hunt summarised evidence given by members of Ms O'Hara's family.

He said their credibility had been raised as an issue by lawyers for Mr Dwyer.

He said this was an issue for the jury.

Mr Dwyer, 42, of Kerrymount Close in Foxrock in Dublin, has pleaded not guilty to the murder of Ms O'Hara, 36, on Kilakee Mountain in Rathfarnham in August 2012.

Mr Justice Hunt also read the evidence of Deputy State Pathologist Michael Curtis to the jury.

He said his evidence had been raised by Mr Dwyer's defence counsel, Remy Farrell.

He said Mr Farrell had said the absence of any impact marks on Ms O'Hara's remains should cause the jury to have reasonable doubt.

He said Mr Farrell was also concerned that the evidence of Mr Curtis would not be at the forefront of the jurors' minds by virtue of what they had heard since.

He said he wanted to place it back at the forefront of their minds.

In his evidence, Dr Curtis said the cause of Elaine O'Hara's death could not be determined.

Only 60 to 65% of Ms O'Hara's remains were discovered, he said.

Dr Curtis agreed that if death had occurred by stabbing that this could have occurred without injury to the bones.

He agreed with lawyers for the defence that in many cases where death is caused by self harm, there is no evidence of bony injury.

He said where someone is killed by stabbing, the knife could go between the ribs.

He said this was less common but by no means rare.

He said that if someone was stabbed in the abdomen, it would almost certainly cause no bony injury.

Yesterday Mr Justice Hunt told the jurors the facts in the case were entirely a matter for them but they must apply the law that he told them about in a clinical manner.

He said they had seen and heard "horrific" material but they must put aside any feelings they had about Mr Dwyer.

He said the prosecution was asking them to make a very large decision based on indirect evidence.

A person could be convicted based on circumstantial evidence he said, but they had to take care with such evidence.

He said to convict they had to be satisfied that there was no other reasonable conclusion, consistent with innocence.

He told them they had to be satisfied beyond reasonable doubt that Mr Dwyer murdered Ms O'Hara by stabbing her for his gratification.

Mr Justice Hunt also re-read the evidence of Mr Dwyer's wife, Gemma Dwyer.    

He referred to her evidence that a spade found near the location of Ms O'Hara's remains was a spade missing from the Dwyer's Foxrock home.

He said the evidence about it being connected with Mr Dwyer, depended on the evidence of Mrs Dwyer.  

He said she had identified it as being their spade based on the label on it and the spatters of paint on it.      

He said the evidence about the spade was perhaps more important.   

He said they had to apply the presumption of innocence to the spade. He said every spade had a label - it was a mass produced item.    

He said he did not think the label would not be enough in itself to lead them to conclude beyond reasonable doubt that the spade was a "guilty" item.

He said in light of the forensic evidence about the paint spatters they had to be very careful with this item.  

He said they had to be satisfied beyond reasonable doubt before they could conclude that the spade had something to do with Mr Dwyer and placed him up the mountains.

He said a forensic scientist had given evidence that the paint on the Dwyers' fence and the paint on the spade was similar but not the same. He asked where that left them.  

He said it may be that the spade was out of the case, that it doesn't have any significance. He said it may be that it had no relevance and no dramatic effect in the case at all.

He urged them to be very, very careful.

The judge said he will now deal with the issue of suicidality and the issue of the garda investigation and Mr Dwyer's garda interviews.

He said he hoped to be finished by 3pm and hoped the jury would be able to get the ball rolling with their deliberations at that stage.

He said there is no doubt that Ms O'Hara was troubled by thoughts of suicide.

He said the prosecution said that this issue ticked a box for Mr Dwyer in choosing her as a potential victim. 

He said the defence case was that Ms O Hara had died by suicide. He said this was the case Mr Dwyer had made to his wife and his adult son in his own writings.

He said defence lawyers had said this was the working assumption in 2012 and it should not be readily dismissed in 2015 because of other things that had happened in 2013.

The defence said this was a reasonable possibility to explain the death and disappearance of Ms O'Hara.

He said this was something the jury had to face up to and he said even if they rejected the possibility of suicide they had to be satisfied the prosecution had proved its case beyond reasonable doubt.


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