Lawyers for Graham Dwyer expected to file appeal papers

Dwyer likely to serve formal notice of his intention to fight the conviction for murder

Graham Dwyer was sentenced to life imprisonment this year for murdering Elaine O’Hara on August 22nd, 2012
Graham Dwyer was sentenced to life imprisonment this year for murdering Elaine O’Hara on August 22nd, 2012

Lawyers representing convicted murderer Graham Dwyer are expected to file appeal papers with the courts at some stage today .

Dwyer (42) officially has until close of business this evening to serve formal notice of his intention to fight his conviction for the murder of childcare worker Elaine O’Hara in 2012.

The former architect was convicted of the crime following a lengthy trial last March which became one of the most high-profile criminal cases in recent times. Any appeal is expected to attract further public attention.

While notification of an appeal must be filed by today, it is possible for legal representation to do so at a later date with permission from the Court of Appeal.

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Once these papers are received, the defence team then has further time to prepare and file its actual grounds of appeal – the points of law on which it is seeking reappraisal in the courts.

These grounds may attract a response from the prosecution before they are ultimately heard. Once the pre-trial process is completed, the matter enters a list of dates for hearing.

Life imprisonment

Dwyer, from Kerrymount Close, Foxrock in Dublin, was found guilty of murdering Ms O’Hara (36) on August 22nd, 2012. Her remains were found on Killakee Mountain, Rathfarnham, on September 13th, 2013. Dwyer had stabbed her to death for his own sexual gratification, the jury found. He was sentenced to life imprisonment.

He was given 21 days by Mr Justice Tony Hunt to formally appeal his conviction although papers had still not been lodged with the court authorities by last Friday.

The issues Dwyer is likely to raise include the mobile phone evidence introduced by the prosecution, his questioning while in custody and the decision to allow Darci Day, a key witness, to give evidence by video link.

Mark Hilliard

Mark Hilliard

Mark Hilliard is a reporter with The Irish Times