Architect charged with murder may take bail battle to Supreme Court
Published 19/11/2013 | 02:00
AN architect and father of two charged with the murder of childcare worker Elaine O'Hara is considering taking his battle to get bail to the Supreme Court.
Earlier this month Graham Dwyer, an architect who is originally from Cork, but who has an address at Kerrymount Close, Foxrock, Dublin 18, was denied bail at the High Court.
Mr Dwyer is accused of the murder of Elaine O'Hara (37), whose remains were found in the Dublin mountains on August 22, 2012.
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 is known.
Earlier this month bail was opposed by the State, but the High Court heard yesterday that Mr Dwyer may appeal that refusal to the Supreme Court.
Copies of the digital audio recording (DAR) of the original bail hearing were sought yesterday by Mr Dwyer's barrister Garrett McCormack.
Previously, Supreme Court bail appeals were based on an agreed note of the initial bail hearing. But the DAR facilities now allow each side to have a transcript of the proceedings in the event of an appeal.
Mr Dwyer's parents were in court on November 4th last when High Court Judge Mr Justice Paul Judge refused bail.
Judge Butler heard that Mr Dwyer's father had offered an independent surety of €25,000 and for Mr Dwyer to stay at an address in Bandon, Cork.
Childcare worker Ms O'Hara, from Killiney, Dublin, who also had a part-time job in a newsagents, was last seen at around 6.15pm on August 22, 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 this year on Killakee mountain, Rathfarnham.
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.
Reporting restrictions were imposed on the original bail hearing in accordance with section 2 of the 1997 Bail Act as amended by action 7 of the Criminal Justice Act 2007. Mr Dwyer has been remanded at Cloverhill Prison since he was formally charged last month.
Mr Dwyer, a married man, is a member of the Royal Institute of Architects of Ireland. He is a director of the A&D Wejchert & Partners firm on Baggot Street.
Ms O'Hara, from Belarmine Plaza, Stepaside, had been missing for more than a year when her partial remains were found.
At the inquest, the court heard that identification was carried out by Dr Mary Clarke, forensic odontologist.
Dr Farrell said that he has received an extensive report from Dr Clarke and she is in no doubt that the remains are those of Ms O'Hara.
Det Ins Brian Duffy of Blackrock Garda Station requested copies of the post-mortem and forensic odontology report.
The inquest was adjourned without assigning a further date until the outcome of criminal proceedings is known.
By Dearbhail McDonald
Irish IndependentFollow @Independent_ie