THE JUDGE IN the Graham Dwyer trial made his views on the case clear on day 39.
Justice Tony Hunt outlined his reasons for not granting an application by the defence on some of the evidence put forward by the prosecution.
He gave his opinion on a number of matters. He said that it was immediately obvious that the person using the 083 number was Graham Dwyer, stating that it was clear Mr Dwyer knew Ms O’Hara very well and in a sexual way.
While the jury was absent, Justice Hunt told the court that Mr Dwyer reignited the relationship and a sexual affair resumed between the pair. He pointed to the evidence of Mr Dwyer’s semen on a mattress in Ms O’Hara’s apartment.
“I am satisfied that the 083 and master phone were acquired and used by Mr Dwyer, ” said Justice Hunt, adding that he was “satisfied the Vartry phone is his”.
He also mentioned the “identical bag” Mr Dwyer was seen on CCTV removing from Elaine O’Hara’s apartment in Belarmine, which he said was “then fished out of the Vartry reservoir”.
These are all very important matters, as are the lies told by Mr Dwyer in police interviews.
He then focused on the silence of the master phone after her disappearance.
Blood lust
The judge said that Mr Dwyer was satisfying his blood lust by voicing his desire to kill a woman and warned Elaine O’Hara that she would become subject to it if she didn’t help him.
“Then the obnoxious suggestion he made that he would supply her with a baby – for taking the life of another person.”
Justice Hunt said Mr Dwyer bombarded Ms O’Hara, who is described as a “troubled woman” with offensive messages which were fantasies from a “particularly sick mind”.
He said the evidence put forward by the prosecution show aspects of the accused behaviour, which he said was both “relevant and disturbing”.
The judge said that Darci Day’s testimony was relevant as he spoke about a untraceable cell phone, which he said has resonance with the case pertaining to Ms O’Hara.
Justice Hunt also mentioned disturbing aspects of a “grotesque manner” of the photoshopped material and the rape and murder document entitled ‘Jenny’s first rape’.
“A blueprint for violent action”
“It is beyond any reasonable doubt… it was a blueprint for violent action”, stating it was about “turning violent fantasy into violent reality”.
Making reference to the case put forward of suicide, the judge said that “if she wanted to hang herself she had a noose in her apartment”.
He also said that on the day she was discharged from hospital she collected a significant amount of medication from the pharmacy, all of which was found intact.
He pointed out that there was also no discussion between her pharmacist or her doctors about concerns she was suicidal.
Justice Hunt said there was no basis for the application from the defence, stating that causation could not be inferred.
If the jury think the other way after looking at the case, they will be asked to acquit, he added.
Graham Dwyer looked on, seemingly unphased by the judge’s scathing comments pertaining to his innocence and guilt.
These comments were not made to the jury.
When charging the jury, Judge Hunt withheld these opinions and told the jury to leave any “sentiment and emotion” aside when reaching their verdict.
He said that they could not have any second thoughts about their decision.
He also pointed out the importance of attributing the phones to Mr Dwyer. He said if the jury could not do that then they should really go no further, stating that they bring Mr Dwyer and Ms O’Hara together at the beach on 22 August 2012.
However, he did tell the jury it “seems to me if the comments on phone are not referable to Graham Dwyer, they are to someone who bears an astonishing similarity”.
He also told the jury that if there was an reasonable doubt in the minds of the jurors that there was another possible scenario such as suicide, they were obliged to acquit Mr Dwyer.
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