Monday 20 November 2017

Murder-charge architect seeks to be released for Christmas

Elaine O'Hara
Elaine O'Hara
Graham Dwyer

Dearbhail McDonald Legal Editor

AN ARCHITECT and father of two charged with the murder of childcare worker Elaine O'Hara is making a bid to be freed for Christmas.

Last month, Graham Dwyer, who is originally from Cork but has an address at Kerrymount Close, Foxrock, Dublin 18, was denied bail at the High Court.

He has now appealed that refusal to the Supreme Court which will sit on Thursday morning to hear the case, following requests by Mr Dwyer and the DPP for a priority hearing.

Last night, legal submissions were being finalised after the parties were notified of Thursday's hearing date.

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

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 is accused of the murder of Ms O'Hara (37), whose remains were found in the Dublin mountains on August 22, 2012.

He has been remanded at Cloverhill Prison since he was formally charged.

The opening of an inquest into Ms O'Hara's 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, copies of the digital audio recording (DAR) of the original bail hearing were sought 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.

REMAINS

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

The judge 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. 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. By chance several items belonging to her were also found near Roundwood, Co Wicklow, at different times in the days before and after the discovery of her remainis. 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 into Ms O'Hara's death, the court heard that identification was carried out by Dr Mary Clarke, a forensic odontologist, or dental expert.

Irish Independent

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