If two phones allegedly used by Graham Dwyer were not his, they were "referable to somebody who bears an astonishing similarity to aspects of his life", the judge in his trial has said.
Mr Justice Tony Hunt told the Central Criminal Court jury it was for them to be satisfied "beyond reasonable doubt" that the phones, which sent messages to Elaine O'Hara, were attributable to the man accused of murdering her.
“If you can’t be satisfied . . . I suggest you go no further with the case,” he said.
“You need to rely on Mr Dwyer being the operator of those phones to bring him to the shore [at Shanganagh] at 6 o’clock on the 22nd of August. And if you don’t bring him there, where are you going with the rest of it?”
Mr Dwyer (42), an architect from Foxrock, has pleaded not guilty to murdering childcare worker Ms O’Hara (36) on August 22nd, 2012. Her remains were found in forestry on Killakee Mountain, Rathfarnham, on September 13th, 2013.
‘Antiseptic decision’
Mr Justice Hunt told the jury they should put aside their feelings and reach an “antiseptic decision” based on facts.
They were not required to decide whether Mr Dwyer was guilty of other things, he said. If they were still having feelings about “bad things”, they should get it out at the start of their deliberations and “blow it away”.
“It is irrelevant,” he said.
The judge said there was no direct evidence of what happened up the mountains on August 22nd. The prosecution case was that surrounding circumstances, when put together as links in a chain, were capable of proving that Mr Dwyer had stabbed Ms O’Hara to death for sexual gratification.
He told the jury they could not convict Mr Dwyer because they suspected he may have committed murder, or because there was a possibility he did. A feeling he was “probably guilty” was no good either. They had to be sure beyond reasonable doubt.
Mr Justice Hunt said they should consider all of the evidence, guard against distorting facts to fit the proposition and be satisfied no explanation other than guilt was compatible with the circumstances.
He will continue his address today.
