O'Hara murder accused to seek bail
on 25/10/2013 11:57:40
Graham Dwyer, who is originally from Cork, but has an address at address at Kerrymount Close, Foxrock, Dublin 18, is accused of the murder of Elaine O'Hara (aged 37) in Co Dublin on August 22, 2012.
The 41-year-old architect had been held for questioning overnight at Blackrock Garda station before being brought to appear at Dun Laoghaire District Court on October 18 last.
At that brief hearing, Detective Sergeant Peter Woods had said the father-of-two had been cautioned and when asked if had anything to say after he was charged, he had replied: "I do, not guilty".
He had been remanded in custody and today (he appeared at Cloverhill District Court before Judge Grainne Malone.
A book of evidence has yet to be completed in the case and today Judge Malone was told that the State was seeking an adjournment. Mr Dwyer, who wearing a black jumper, polo neck sweater, and dark trousers stood silently during the hearing and did not address the court during the proceedings which were also attended by some members of his family.
The businessman, who has not yet formally entered a plea, nodded as the judge further remanded him in custody with his consent, to appear again at the same court on November 20 next.
Defence solicitor Jonathan Dunphy asked for a "section 56 order", which relates to obtaining copies of the Garda custody record and video-taped interviews in the case.
The State did not object but the judge commented that is normally done at a later stage in proceedings.
The district court does not have jurisdiction to grant bail to an accused charged with murder which can only be done in the High Court.
In relation to this issue, Mr Dunphy told the judge that "an application for bail would be made the week after next".
There has also been a request for free legal aid to be granted to Mr Dwyer and Judge Malone was today furnished with a statement of his means. She deferred ruling on that request and said she wanted to consider Mr Dwyer's statement of means.
She said that if she decides to grant legal aid it will be backdated.
The defence lawyer said that Mr Dwyer is "anxious that the matter would be addressed on the next date".
Childcare worker Ms O'Hara (aged 37), from Killiney, in 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. A bag containing 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.