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Judge tells Graham Dwyer trial jury that "spade" evidence is good example of where it should be "careful" with circumstantial evidence
Summary
In the Graham Dwyer murder trial, Judge Tony Hunt instructed the jury on March 24, 2015, to exercise caution with circumstantial evidence, using the spade found near Elaine O'Hara's remains as an example. He reminded jurors that the presumption of innocence required them to consider the spade unrelated to Dwyer unless proven otherwise. The judge referenced testimony from Dwyer's wife, Gemma, who claimed the spade was missing from their garden and identified it by its label and paint. He also cited forensic evidence that the paint on the spade did not match the paint on the family's fence, urging jurors to be satisfied beyond a reasonable doubt before linking the spade to Dwyer. The judge noted that the spade could be irrelevant or significant, emphasizing the need for careful evaluation of circumstantial evidence. The trial continued with the jury expected to deliberate later that day.
Who, what, where, when and why
What: Report matter: Judge tells Graham Dwyer trial jury that "spade" evidence is good example of where it should be "careful" with circumstantial evidence. Charges or matters: murdering the Dubliner at Killakee, Rathfarnham, Dublin on 22nd August 2012, hours after she was discharged from a mental health hospital; murdering the 36-year-old childcare worker. Procedural stage: trial
When:
- 22nd August 2012 Other
- August 22nd 2012 Hearing Or Sentence
- September 13th Hearing Or Sentence
- 2015-03-24 Publication
Case subjects
Accused
Charges: murdering the Dubliner at Killakee, Rathfarnham, Dublin on 22nd August 2012, hours after she was discharged from a mental health hospital; murdering the 36-year-old childcare worker (Alleged Or Contested)
Places mentioned
- Central Criminal Court
Topics
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