Prosecution puts forward case in Dwyer trial

Written By Unknown on Kamis, 19 Maret 2015 | 22.40

Prosecuting counsel Sean Guerin has begun his closing speech to the jury in the trial of Graham Dwyer.

Mr Dwyer, 42, of Kerrymount Close in Foxrock, denies the murder of 36-year-old Elaine O'Hara at Kilakee Mountain in Rathfarnham on 22 August 2012.

Mr Guerin began by thanking the jury for the attention and patience they had given to the case during lengthy and sometimes difficult and complex evidence.

He said the prosecution case was that Mr Dwyer murdered Ms O'Hara by stabbing her for his sexual gratification.  

He said the prosecution case was that he arranged to lure or bring her up the mountain at Kilakee on the evening of 22 August 2012 for the purpose of satisfying a deep-seated sexual desire.

He said Ms O'Hara had the misfortune to be in circumstances where she was amenable to being used in that plan because she was in an abusive and manipulative relationship with Mr Dwyer.  

He said this enabled him to isolate her and exploit her for the sexual purpose he had in mind, in a way that would lead more or less everyone to think she had died by suicide.  

He said this plan very nearly worked out for Mr Dwyer.

Mr Guerin said there were four broad strands to the prosecution case.

The prosecution claimed that it could connect Mr Dwyer to the death and disappearance of Ms O'Hara.  

Mr Guerin also said the prosecution case was that at the time of Ms O'Hara's disappearance and beforehand, Mr Dwyer had not only the desire or sexual fantasy but actually the intention of murdering Ms O'Hara by stabbing.    

He said the firm and definite intention existed in Mr Dwyer's mind.

Mr Guerin also said the circumstances of Ms O'Hara's disappearance reflected almost point-by-point the detailed plan Mr Dwyer had elaborated over a period of time to fulfil that sexual desire.

Mr Guerin said the fourth issue the prosecution had to address was any other possibility that might exist as to how Ms O'Hara met her death.  

He said two issues arose here - was there someone else involved or the possibility of death by suicide.

He reminded the jury that it was the responsibility of the prosecution to prove its case. 

He said the defence did not have to prove anything.

Mr Guerin then began taking the jury through the first strand of the prosecution case and outlining the links the prosecution says exist between Mr Dwyer and two mobile phones alleged to have been used by him to contact Ms O'Hara.

Mr Guerin said the most striking feature of the links between the phones and Mr Dwyer was the content of the text messages sent.

He said when you look at the text messages you find that the messages hold up a mirror to the life of Mr Dwyer.  

You see reflected in them exactly what he is doing and exactly what is happening in his life to an extent that is extraordinary and would be utterly impossible if anyone other than Mr Dwyer was using the phones, he said.

Mr Guerin also pointed to the top-ups bought for the 086 or "master" phone found in the Vartry reservoir which were bought near Mr Dwyer's office, in a shop near his home and near the offices of An Bord Pleanála on a day Mr Dwyer was attending a hearing there.

Mr Guerin also reminded the jury that an 083 phone was saved in Ms O'Hara's computer and in a diary as "Graham's phone number".

He began going through some of the texts sent by the 083 phone and the links between them and Mr Dwyer's life according to the prosecution evidence.


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