Graham Dwyer murder trial jury warned on spade evidence

This report is a localnews.ie summary based on public court reporting and records; sources are listed below.

Mr Justice Tony Hunt warned the jury in Graham Dwyer’s murder trial at the Central Criminal Court to be careful with circumstantial evidence. The proceedings were reported on 24 March 2015.

Graham Dwyer is charged with murdering Elaine O’Hara at Killakee, Rathfarnham, Dublin, on 22 August 2012. He has pleaded not guilty.

The judge said jurors must apply the presumption of innocence and presume the spade found near Ms O’Hara’s remains had nothing to do with Mr Dwyer unless satisfied beyond reasonable doubt of a connection. His wife, Gemma Dwyer, had identified it as the spade missing from their garden, recognising its label and paint spatters from the painting of their fence.

A forensic scientist said the paint on the spade did not match the paint on the family’s fence. The judge agreed with the defence that jurors might have regarded Mrs Dwyer’s evidence as decisive before hearing the forensic evidence. He said similar paint was insufficient and the spade might have no significance, describing it as an example of the care required with circumstantial evidence.

The judge was continuing his directions to the jury, which the report said was expected to begin deliberating that afternoon.