BEFORE RETURNING A guilty verdict this afternoon, the jury in the Graham Dwyer trial asked Justice Tony Hunt what the ‘ingredients for murder’ are.
Returning after 7 hours and 5 minutes of deliberations, they handed the judge a question on a piece of paper. The judge said the jury wished for guidance on the “ingredients of murder”.
Judge Hunt said that murder is the “same as any other crime” whereby you need a state of affairs and you need the appropriate mental intention.
He said the prosecution allege the accused is guilty of murder on basis on causation of stabbing.
Judge Hunt said the members of the jury have to be satisfied that the “accused stabbed Elaine O’Hara” and thereafter that the stabbing caused her death.
Secondly you must be satisfied that at the time the stabbing was carried out, the accused had the intention of either killing or causing serious injury.
If the jury is satisfied stabbing was performed with intention, then the stabbing was a “contribution to her death”. He said it doesn’t have to be the sole causation for Elaine O’Hara’s death.
Less than 30 minutes later, the jury returned a guilty verdict. Dwyer will now be sentenced to mandatory life in prison.
Justice Hunt said he agreed 110% with the verdict before thanking members for their service.
“No doubt you’re human like myself. When you’re cut, you bleed. These things are not easy,” he told them.
The jury members have been exempt from duty for the next 30 years.
Today was the 45th day of a gruelling trial.
Before going to lunch today, the jury foreman told the court they had not yet reached a verdict. The then broke for lunch at 1pm. They broke again for a smoke break at 2.44pm.
Earlier this morning, Justice Tony Hunt did indicate that they could sit past 4pm, if they so wished. However, he said the working hours was up to them.
When the jury returned from lunch, the judge told thanked them for sitting through the trial and urged them to take as long as is needed to come to a verdict.
The jury did not ask to see any exhibits today. Yesterday, the jury asked to see several exhibits – a runner found at the scene where Elaine O’Hara’s remains were found on Killakee Mountain, the rucksack found in Vartry reservoir, all the knives referred to during the trial and the spade.
They later asked to see tracksuit bottoms, a hoodie, cuffs and mask all referred to during evidence.
There was also some confusion over one exhibit – 115 – which was a letter between Mr Dwyer and his son Mr Senan McShea. The judge said Mr McShea gave evidence about the letter, rather than the letter being introduced as an exhibit.
The jury also asked for a larger screen so that they can better view some items.
On Wednesday the jury asked to see maps of cell connections to be blown up to a larger scale, as well as videos of the accused’s interview with gardaí. They were told they would get memos of the interviews, rather than videos.
The verdict was read out to a packed courtroom at about 3.45pm today.
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