independent

Wednesday 16 April 2014

Elaine O'Hara murder accused begins Supreme Court bail bid

Graham Dwyer
Graham Dwyer

THE Supreme Court has begun hearing an appeal against refusal of bail for Graham Dwyer, an architect who is facing a murder charge.

Father of two Graham Dwyer (41) is accused of the murder of childcare worker Elaine O'Hara, whose remains were found by a woman walking her dog in the Dublin mountains last September.

She had been missing for more than a year.

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.

Last month Mr Dwyer, who is originally from Cork and is a member of the Royal Institute of Architects of Ireland, was denied bail at the High Court.

He appealed that refusal to the Supreme Court which is sitting today following requests by Mr Dwyer and the Director of Public Prosecutions for a priority hearing.

Mr Dwyer, a married man who has been in custody since he was formally charged last October, is present in court for the appeal.

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.

The Supreme Court made a similar order this morning prohibiting the publication of any of the evidence.

This morning , a three judge Supreme Court led by Chief Justice Mrs Justice Susan Denham heard that there were three grounds to Mr Dwyer's appeal.

If the Supreme Court rules the High Court erred, the matter is expected to be returned to the High Court for a fresh hearing.

Dwyer has been remanded at Cloverhill Prison since he was formally charged with the murder of 37-year-old Ms O'Hara in October.

His parents were in court on November 4 last when High Court Judge Mr Justice Paul Butler refused bail.

At that hearing, 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, Co Cork.

Earlier this week  Dwyer, of Kerrymount Close in Foxrock, appeared via videolink before Cloverhill District Court.

He did not address the court, save to give his name and indicate he could see and hear the court.

A State solicitor said the DPP has directed trial on indictment in the Central Criminal Court on the charge.

Defence solicitor Jonathan Dunphy said there was consent to a four week adjournment in custody for the service of the book of evidence, though the State has already indicated the book may not be ready on the next date.

A State solicitor said the book of evidence was large, and was an "eight volume tome".

Judge Grainne Malone remanded Dwyer in custody until January 15.

Childcare worker Ms O'Hara, who was from Killiney, Co Dublin, and who also had a part-time job in a newsagents, was last seen at around 6.15pm on August 22, 2012, near the 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, more than a year after she was reported missing.

By chance, several items belonging to her were also found near Roundwood, Co Wicklow, in the days before and after the discovery of her remains.

Dearbhail McDonald

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