Dwyer sent forward for trial over Elaine O’Hara murder

Eight-volume book of evidence served on architect who faces one charge

Graham Dwyer (41) of Foxrock, Dublin, has been sent forward for trial on a charge of murder in relation to the death of Elaine O’Hara (36) in August 2012
Graham Dwyer (41) of Foxrock, Dublin, has been sent forward for trial on a charge of murder in relation to the death of Elaine O’Hara (36) in August 2012

Architect Graham Dwyer has been sent forward for trial for the murder of childcare worker Elaine O'Hara after he was served with an eight-volume book of evidence.

Mr Dwyer, who is originally from Cork, but has an address at address at Kerrymount Close, Foxrock, Dublin 18, is accused of the murder of Ms O’Hara (37) in Co Dublin on August 22nd, 2012.

Her remains were discovered on Killakee mountain, Rathfarnham, Co. Dublin, in September 2013, more than a year after she was last seen.

The 41-year-old married father-of-two had been charged on October 18th, last and when asked if had anything to say, he had replied: “I do, not guilty”.

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He was subsequently refused bail and today he appeared again at Cloverhill District Court where Judge Victor Blake was told that the book of evidence would be served.

Mr Dwyer, whose father attended the proceedings, was wearing a navy suit, blue shirt and a polka dot tie, sat down on the defendant’s bench before he turned and smiled towards the back of the courtroom.

Det Sgt Peter Woods served the book of evidence on the accused who was then given the standard warning by the judge that if he intended to use an alibi in his defence he must notify the prosecution within 14 days.

He replied “understood” and the judge then told him that he was making an order sending him forward for trial to the present sittings of the Central Criminal Court in respect of the single charge in the book of evidence.

Judge Blake said that Mr Dwyer had already been granted legal aid and defence solicitor Jonathan Dunphy said in relation to this issue there had been no change. Solicitor Ronan O'Brien, for the DPP, asked for a Section 56 order to be made in relation to providing the defence with video evidence.

However, this has already been complied with, Mr Dunphy explained. The judge noted that the book of evidence was made up of eight volumes and the court heard that one of them contained statements and the other seven involved the exhibits.

At a previous hearing, the prosecution had said the file on the case was quite large; Gardai had taken more than 300 statements and have in excess of 800 exhibits, the court has also been told.

In November, the district court had ruled that Mr Dwyer could be granted legal aid as he is no longer on a salary and a mortgage on his family home was in arrears.

In his application for continuing legal aid Mr Dunphy, for Mr Dwyer, said there had been no change in Mr Dwyer’s circumstances.

Judge Blake granted him continuing legal aid, to include a senior and junior counsel.

Childcare worker Ms O’Hara (37), from Killiney, in Dublin was last seen at around 6.15pm on August 22nd, 2012 last year, near Shanganagh cemetery in south Dublin, where her mother is buried.

Her remains were found in undergrowth by a woman walking her dog on September 13 last year on Killakee mountain, Rathfarnham.

A bag containing several items belonging to her were found near Roundwood, Co Wicklow, at different times in the days before and after the discovery of her body.

The opening of an inquest into her death heard that no cause of death has been established and the inquest has been adjourned until the outcome of criminal proceedings.

Tim O'Brien

Tim O'Brien

Tim O'Brien is an Irish Times journalist