Mobile phone connection at centre of O’Hara case, jury told

Two mobile phones used to send text messages to Elaine O'Hara mirrored the life of Graham Dwyer and were "stuck to him like a shadow", the jury in his murder trial has heard.

In his closing statement to the jury, Seán Guerin SC, for the prosecution, said the two phones, an 083 number and a Nokia, recovered in the Vartry Reservoir after Ms O'Hara's death, were the core that connected Mr Dwyer and Ms O'Hara.

The accused bought the 083 phone in March 2011, and bought the Nokia phone, the “master phone”, along with a second Nokia, the “slave phone”, on November 30th, 2011, Mr Guerin alleged.

The texts on those phones “hold up a mirror to Mr Dwyer”, and reflect “what he is doing and what is happening in his life”, Mr Guerin said, to such an extent that it would be “utterly impossible” for the texts to be sent by anyone else.

Mr Dwyer (42), an architect from Kerrymount Close in Foxrock, is charged with murdering Ms O’Hara (36), on August 22nd, 2012. He has pleaded not guilty.

Ms O’Hara’s remains were found in forestry on Killakee Mountain, Rathfarnham, on September 13th, 2013.

Mr Guerin highlighted phone messages from the 083 number and from the master phone to Ms O’Hara that he said identified details in Mr Dwyer’s life. These included texts from one of the phones making reference to a new baby, which Mr Guerin said coincided with the birth of Mr Dwyer’s daughter; texts about a holiday at a time when Mr Dwyer was taking time off work and texts referring to him being in locations that his work records showed he had visited.

Some texts, sent in April 2011, mentioned American woman Darci Day and coincided with a time when Mr Dwyer was in contact with her.

Mr Guerin noted what he said was a “crucial” exchange with Ms O’Hara in texts when she asked: “What about the woman in the US?”, meaning Ms Day. The reply by text was that this would “cost thousands” and that the person replying could not wait that long to “sink my knife into flesh” and to watch blood pouring.

“The tragedy is that the combination of Elaine O’Hara’s weakness and her availability to Graham Dwyer meant that even though he had to wait, she was the easier target,” Mr Guerin said.

A text from the 083 phone sent on June 13th, 2011, mentioned a pay cut and coming fifth in flying. Mr Guerin said there was evidence Mr Dwyer had heard news of a pay cut, though it was 11 per cent, and he had come fifth in a model aircraft flying competition, the East Coast Scale Championships. He asked the jury how many people came fifth in a flying competition that weekend and were in a sexual relationship with Ms O’Hara.

Pattern of movement

He noted the pattern of movement of the two phones also “exactly matches” the movements of Mr Dwyer. Whether that was Cork, Tipperary or Howth, wherever Mr Dwyer went, those phones were “stuck to him like a shadow”.

Mr Guerin also said on the one "very rare occasion" when Mr Dwyer had gone "north of the Liffey" to attend an oral hearing at An Bord Pleanála, he had topped up the master phone in the area at the same time. Both Mr Dwyer's work phone and the master phone were also connecting to cells in the area, Mr Guerin said.

There was no inconsistency between the movement of the phones that would suggest “at any stage” that it was a different person from Mr Dwyer using them, counsel told the jury. He said this was circumstantial evidence but it led to “no other possible” conclusion than that the phones belonged to Mr Dwyer.

The 083 number was saved on Ms O’Hara’s computer under the name “Graham” and also in her address book, though it was saved as “David” on her iPhone. He noted the name was in quotation marks and said this suggested an alias.

Mr Guerin told the jury it was not in dispute that Mr Dwyer had had a sexual relationship with Ms O’Hara, as he had admitted this himself during Garda interviews. They would hear talk of fantasy, he said, but a sexual fantasy was “not unreal”, it was “an expression of a desire”.

‘Disgusting fantasies’

“He has extraordinary and disgusting fantasies and goes about making them real,” counsel said.

He highlighted the evidence of Mr Dwyer’s former partner Emer McShea, in which she said Mr Dwyer brought a knife into their bedroom. He said Mr Dwyer had told gardaí Ms McShea had enjoyed getting him into trouble and said “key words” were suggested to her.

“Ms McShea’s evidence was very different when tested in court,” Mr Guerin said.

He said to make fantasy a reality, Mr Dwyer had to find victims who would submit to him and he had identified at least three women: Ms Day, Ms O’Hara and Rowena Quinn, an auctioneer who worked across the road from his place of work, A&D Wejchert.

He also highlighted documents found on Mr Dwyer’s external hard drive, including “Killing Darci” and “Jenny’s First Rape”. These outlined “sickening torture and murder of women,” he said.

Mr Guerin said Mr Dwyer had a very limited purpose in mind from the outset of his relationship with Ms O’Hara, in late 2007; “to use her as a victim for those sexual fantasies he had”.

“He said he was a sadist who enjoyed other people’s pain,” Mr Guerin said.

He highlighted one text allegedly from Mr Dwyer that said: “I want to stick my knife in flesh while I’m sexually aroused.”

The tragedy was that though the messages raised “warning lights”, they did not seem to have been sufficient to warn off Ms O’Hara, he said.

‘Troubled person’

He highlighted Ms O’Hara’s medical notes that described her as having the support of her father, but “no friends”. He said she was “a very sad person, undoubtedly a troubled person” who didn’t value herself fully.

He quoted an Irish proverb “fighting is better than loneliness” and told the jury people do settle for unhappy relationships rather than be alone.

Mr Guerin said Mr Dwyer knew it was necessary for Ms O’Hara keep away from him to “get better” as early as September 2008, but he offered to “do what he promised”, instead.

“This is wickedness hiding behind a mask of pity, offering a troubled and sometimes suicidal woman help and a way out,” Mr Guerin said.

He also identified another response, sent to Ms O’Hara when she was seeing her psychiatrist. It offered to “end it all” which Mr Guerin described as “pure wickedness”.

Mr Guerin told the jury it was important to understand exactly what the relationship was between these two people. He said it was an “obvious falsehood” that Ms O’Hara had been into “knife-play” and that Mr Dwyer was not.

“The use of a knife was the only thing Graham Dwyer wanted from Elaine O’Hara,” he said.

Ms O’Hara had been “very reluctant” to give it to him and on the few occasions she did, she knew it would affect her sanity and her view of herself, he told the jury.

The trial continues.