Graham Dwyer, who is charged with the murder of Elaine O'Hara in August 2012, was granted legal aid today after a court heard he was no longer on a salary and his family home was in mortgage arrears.
The remains of Ms O’Hara (36) were found in the Dublin mountains in September. Mr Dwyer has previously denied the murder and was today remanded in custody for a further four weeks.
The Garda investigation was at a "very advanced stage" and gardaí expect a file on Mr Dwyer will be sent to the Director of Public Prosecutions in the next two weeks, Det Sgt Peter Woods told a hearing of Cloverhill District Court today.
Gardaí have 441 lines of inquiry, 336 statements, 329 reports and 814 exhibits, Det Sgt Woods said. Mr Dwyer was “very anxious” to proceed with the matter, his solicitor Jonathan Dunphy said.
Mr Dwyer (41), an architect originally from Co Cork, but with an address at Kerrymount Close, Foxrock, Co Dublin, appeared this morning by video link, wearing a grey track suit. He was then ordered to appear in person before the court for application for on legal aid this afternoon to allow Judge Grainne Malone to “clarify” some matters.
At that application hearing, Mr Dunphy gave the judge an updated statement of means for Mr Dwyer. The court heard that the application showed he was “no longer on a salary” and had “no further income or assets to assist him”.
Asked by Judge Malone if the mortgage on the family home was in some difficulty, Mr Dunphy said that like many other people in the country , Mr Dwyer was in mortgage arrears. Given the current climate that situation was “going to deteriorate”, Mr Dunphy said.
Mr Dunphy also gave the court other documents, one referred to “family law and employment” matters relating to “certain persons not present” and another related to the bail surety of €25,000 offered by his father at a bail hearing earlier this month.
Mr Dwyer, who appeared in person at court this afternoon dressed in black trousers and a black turtleneck, stood during the application. He spoke briefly in court when he was asked by the judge to confirm the statement of means, he said “that is correct”.
He also replied “yes” when asked if he wanted Mr Dunphy to represent him.
Gardaí did not object to legal aid.
Judge Malone accepted Mr Dwyer’s “current means” were insufficient and said it was appropriate that he be granted legal aid. He faced the “most serious charge a person can face”, Judge Malone said. He was further remanded in custody to appear again at Cloverhill District Court on December 18th.
Mr Dwyer was arrested last month following the discovery of Ms O’Hara’s remains, over a year after her disappearance.
Earlier this month, he was refused bail after it was opposed by the State.
He was charged on October 18th with murder of Ms O’Hara (36) in Co Dublin on August 22nd, 2012.
When cautioned by gardaí on that date and asked if he had anything to say, Mr Dwyer replied: “I do; not guilty”.
Ms O’Hara’s remains were found in undergrowth by a woman walking her dog on September 13 this year on Killakee mountain, Rathfarnham. A bag containing several items belonging to her were found near Roundwood, Co Wicklow, at different times in the days before and after the discovery of her remains.
The opening of an inquest into her death heard that no cause of death has been established and the inquest has been adjourned until the outcome of criminal proceedings.
