Tuesday 24 October 2017

Graham Dwyer trial: Sister of accused says she knows nothing of 083 mobile number

Andrew Phelan and Sarah Stack

GRAHAM Dwyer’s sister has told the Central Criminal Court she knew nothing about an 083- mobile phone number garda questioned her about.

Asked about birthday and anniversary cards Mr Dwyer sent to her and her family to her home in Tipperary, Mandy Wroblewski said sometimes, the address would be misspelled.

Witness Mandy Wroblewski leaving court today Pic: Courtpix
Witness Mandy Wroblewski leaving court today Pic: Courtpix

She was called by the prosecution to give evidence in her brother’s trial this morning.

Mr Dwyer (42), of Kerrymount Close, Foxrock, is pleading not guilty to the murder of Ms O’Hara (36) at Killakee, Rathfarnham on August 22, 2012.

Ms O’Hara, a childcare assistant from Killiney, was last seen alive near Shanganagh Cemetery in Shankill that day.

Her remains were found by a dog walker in undergrowth in the Dublin mountains on September 13, 2013.

The prosecution maintains Mr Dwyer killed her for his own sexual gratification.

Read more here: Message to Elaine read: 'Must get fit for murder'

Ms Wroblewski agreed with Sean Guerin SC, for the prosecution, that her maiden name was Dwyer and she was Graham Dwyer’s sister.

Mr Guerin put it to her that gardai had asked her about a phone number, 083 1103474. He asked her if she knew anything about this number.

Elaine O'Hara
Elaine O'Hara

“No,” she replied.

Ms Wrobkewski then wrote down her address at Mr Guerin’s request and it was handed up to Mr Justice Tony Hunt.

Mr Guerin asked her if it would have been common for her to receive communication by post from Mr Dwyer and his family.

“Birthday cards, anniversary cards,” she replied, saying they were either to herself or her husband and children.

Elaine O'Hara
Elaine O'Hara

He asked if the addresses on the envelopes would be correct.

“Sometimes the "4" could be missing, there could be misspellings,” she replied.

The misspellings would be mostly her surname or part of it, she said.

Mr Guerin asked if the reference to Oak Park was always correct.

“I don’t recall, I would normally shred up or tear the envelopes, I would keep the stamps if they were interesting,” she said.

She did not recall any particular errors in relation to the first line of the address.

Mr Guerin then referred to Ms Wroblewski’s garda statement on October 31, 2013. He said she had told gardai that the first part of the address might simply be “Oak”, or “Oak Lawn”.

“If that is in my statement,” she replied.

Read more: Graham Dwyer Trial: Elaine's laptop contained images of mutilated bodies and separate naked pictures of her

Reading over her statement in court, she said she recalled reading the transcipt and there were errors in the typed version.

Mr Guerin said in her statement, in relation to birthday cards, she told gardai: “Sometimes it would be 4 Oak, or 4 Oak Lawn.”

“That is correct,” she said.

She said she spelled the location as “Clerihan” and never spelled it as “Clar” She agreed that the address would include sometimes, but not always Clonmel.

“To be fair, although those errors appeared on the envelopes, I don’t think you were able to say who addressed the envelopes as Mr Dwyer’s and his wife’s writing were kind of similar,” Mr Guerin said.

She said the mobile number she had for her brother was 0872100407 and she had his landline in her house phone.

She did not remember off hand what kind of phone he had and the only one she remembered was a HTC.

She did not remember a Nokia phone.

Ms Wroblewski remained in the witness box in the packed court room for less than 15 minutes.

Under cross examination Ms Wroblewski agreed with Remy Farrell SC, who is defending Mr Dwyer, that only some cards were sent to the family home by post while other correspondence from the Dwyer household was through mobile or email.

“No, not through the post,” she replied.

Mr Farrell also asked Ms Wroblewski if her statement had been a result of questions being asked by gardai.

“Yes,” she said.

She again agreed that her bother’s handwriting was similar to his wife, Gemma.

When asked about what locals call the village of Ballyclerihan, she replied that when driving in to the village a sign says “Ballyclerihan” while another at the other end of the town says “Clerihan”.

Garda John Healy confirmed in the court that he took the statement from Ms Wroblewski.

Read more here: Graham Dwyer Trial: Message to Elaine's mobile read 'Must get fit for the murder', court hears

The trial also heard from Inspector Pat Morrisey, of the Garda Telecommunication Section, who forensically extracted user generated information from a sim card being examined as part of the investigation.

He agreed the sim “was in poor shape” having been exposed to the elements, but he was able to connect it to his computer with a sim card reader and cable and was able to produce a report on its contents.

“The sergeant (Niall Duffy) asked me could I perform an examination of the sim card because it was in poor quality,” he said.

Insp Morrisey told Mr Guerin that using specialist software he examined the device, and emailed his report to Garda Niamh Cronin in Blackrock Garda Station on October 9, 2013.

Under cross examination, he told Mr Farrell that sim cards are usually clean and gold plated.

“But this was tainted and exposed to the elements,” he said.

Dr Stephen Doak, of the Forensic Science Laboratory, said he received a Nokia mobile in sealed tamper evidence bag.

“The phone was wet and covered in mud staining,” he said.

“I opened up the back of the mobile phone and I retrieved the Sim card which I then cleaned. I dried it with tissue paper and put the two items which I separated in to a warm incubator.”

He later passed the items on to Sgt Niall Duffy.

Sgt Niall Duffy, also of the Garda Telecom Section, then gave evidence that he received a number of mobile phones that were seized during the inevstigation, forensically examined them, retrieved information and produced reports.

Sgt Duffy told prosecution barrister Sinead McGrath he received a Nokia phone at the Forensic Science Laboratory on September 18, 2013. It was covered in mud and severey water damaged. He said he removed the casing and circuit board and cleaned the device with solvent, water and a fibre brush.

He exposed the chips to clean them and the phone’s circuitry.

It contained a tarnished sim card, which he cleaned so it could be examined. He said 20 SMS messages, one user number and one contact were recovered and a report was produced.

Similar cleaning and forensic examination procedures were carried out on other devices.

The next device, received on September 26, 2013 was a Tom Tom Sat Nav. It was examined and two reports were produced; one with data recovered from it and another Google Earth report.

On September 27, 2013 he received an iPhone and iPhone 4S. For the first, he produced a report and an additional timeline report including “transactions” such as call logs and SMS. There was no sim card in it.

For the iPhone 4S, he produced a report and separate timeline report. This did have an O2 SIM card, for which he produced a separate report.

On October 7, 2013 he received another severely water damaged and muddy Nokia mobile phone. This had an O2 sim card, which he gave to Insp Morrissey for examination.

Also on that date, he received a Tesco sim card which he was unable to examine due to the extent of the water damage.

On October 17, Sgt Duffy received a HTC 1S mobile phone containing a Vodafone sim card which he examined and produced reports on.

On October 29, he produced two reports with extracted images and videos from the phone.

On November 5, 2013, he received and examined another HTC phone which contained a Vodafone sim card.

This phone also had a 4g memory card.

Sgt Declan Egan, of Dun Laoghaire Garda Station, confirmed to the court that he took possession of an iPhone4S and a second iPhone with a smashed screen on August 28, 2012, along with a disc which Det Garda Cathal Delaney had made and labelled.

On the same date he handed the phone to Det Garda Ian Pemberton and the disc to Det Gda Charlie Dempsey.

Garda Donal O’Sullivan said on September 27, 2013, he was give the two phones by exhibits officer, Garda Timothy McAuliffe, and handed them to Sgt Duffy in the telecoms unit.

He also confirmed he took possession of two hard drives from a CCTV system on September 18 2013, but could not view them and handed them back to Sgt Kevin Duggan the following day.

“I was unable to retrieve any CCTV form hard drives and handed back to Sgt Duggan. I explained to him I was not able to retrieve any footage on it,” he told Ronan Kennedy, defending barrister, under cross examination.

Garda Declan Hartly, based in Shankill Garda Station, told the court that on August 24, 25 and 26, 2012, he received several exhibits by officers investigating the disappearance of Ms O’Hara which he understood were from Belarmine. These included two iPhones and a blue Notebook, along with other items.

Garda Timothy McAuliffe, who took over as exhibits officer after Ms O’Hara’s remains were found, told the court he took possession of all the items seized by investigators on September 19, 2013.

He said all items were logged on an exhibits chart, and the whereabouts of each items logged throughout the investigation.

He said this chart was updated “nearly every day” as items were added, including photocopies of documents.

“Members of the investigation team would be allowed to inspect exhibits in my presence,” he said.

“We have a secure area in Blackrock Garda Station where exhibits stores.”

Garda Mc Auliffe then described to the court how he kept track of four mobile phones – Nokia 1616; iPhone4 with a cracked screen; iPhone4s; Nokia – from the date he took possession of them.

He showed when and who he handed them over to in the Telecoms unit or Forensic Science Laboratory, and which dates they were returned.

Gda McAuliffe said exhibits he received had been in his possession since.

He agreed with Mr Farrell in cross-examination, that all records were drawn together in a comprehensive exhibits chart.

Mr Farrell said he believed there were some 1,195 exhibits in the case.

“Approximately 1,200,” Gda McAuliffe replied.

Garda Derek Cullen of Shankill Station said he was store manager for the property and exhibits management system.

His role was in taking in exhibits, tracking them and monitoring them through the system, which is computerised.

He gave evidence of receiving a number of exhibits and retaining safe custody of them.

The trial is continuing today before Mr Justice Tony Hunt and a jury of seven men and five women.

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