Killer Graham Dwyer lost his nerve in court – and his mask eventually slipped

Convicted murderer Graham Dwyer’s mask finally slipped off Friday morning. The Cork-born architect has chosen the worst possible place to lose his calm – before the three appeal judges he is trying to convince himself of his innocence in order to have his conviction overturned.
The 50-year-old, known for his calm demeanor during his 2015 trial for the murder of childcare worker Elaine O’Hara, was a picture of pent-up frustration boiling over in the appeals court.
Mr Justice George Birmingham, President of the Court of Appeal, threatened to remove Dwyer from his courtroom after the killer repeatedly interrupted a Director of Public Prosecutions (DPP) counsel.
The judge issued the warning after the former Foxrock-based architect intervened three times by challenging Sean Guerin SC’s statements for the DPP.
“We already had a break. If there’s another one, he’ll be put in the cell,” the judge said sternly to his legal team. Dwyer was visibly agitated, a far cry from the distant manner that characterized his behavior during his murder trial.
Dwyer stopped interrupting after the warning, perhaps realizing the foolishness of offending the very court he was trying to convince of his innocence. Instead, he began forwarding notes to his attorney
It has been seven years since Dwyer stood trial for the murder of 36-year-old Ms. O’Hara. The years in prison have visibly changed the man.
He cut a fine figure during his two-day appeal, which began Thursday, dressed in an expensive-looking navy suit and blue tie. His long hair was cropped short and he has a noticeable bald spot on the top of his head. He is the picture of your average middle class professional rather than a murderer convicted of one of the most sadistic and depraved murders in Irish history.
On the first day, Dwyer sat quietly listening to his attorneys explain why his conviction should be considered uncertain and should therefore be overturned.
He scribbled notes, put his glasses on and off, and watched intently as the judges listened to the case outlined by his defense team. Dwyer kept a close eye on the three judges, consulting occasionally and writing his own notes in a blue folder.
It is understood that Dwyer has been heavily involved in his own appeal since his incarceration, throwing himself into every aspect of his attempt to have his murder conviction overturned.
He rarely made eye contact with anyone other than the judges and his own lawyers in the courtroom. He kept his eyes off Ms. O’Hara’s father, Frank, and his partner, Sheila Hawkins.
Dwyer also didn’t seem to make eye contact with his own father, Sean, or his sister, Mandy Wroblewski, who stood by his side. The two families sat close together in the courtroom, just a pew apart, with Ms. O’Hara’s family sitting closer to the front of the courtroom and closer to her loved one’s convicted killer.
During last week’s appeal hearing, both families, despite being far apart, showed the same dignity and respect for the process as they did during the two-month Dwyer murder trial in 2015.
Also present at the court were some on-duty and retired Gardaí who were instrumental in the investigation into the murder. No one had to attend, but they chose to.
Ms. O’Hara had a secret and abusive sadomasochistic relationship with married Dwyer prior to her disappearance in August 2012. Her remains were found 13 months later in a forest in the Dublin Mountains.
On Thursday, Dwyer’s attorneys outlined various grounds for appeal. On Friday, it was the turn of the DPP’s lawyers to respond.
A key plank of Dwyer’s appeal is that the Irish law used to obtain his cellphone metadata – which helped investigators connect him to his victim – broke EU law.
Another reason is that prosecutors have not determined a cause of death or that Dwyer caused Ms. O’Hara’s death. Dwyer’s attorneys have considered the possibility that Ms. O’Hara, who was receiving psychiatric treatment, could have died at her own hands.
Mr. Guerin, for the state, told the court that a text gardaí retrieved from a “burner phone” attributed to Dwyer said, “I want to stick my knife into flesh while I’m sexually aroused … Blood turns me on and.” I would gladly stab a girl to death.”
He said the prosecution’s case was that Dwyer “meant what he said and did what he said he would do.”
Dwyer interjected, saying, “I didn’t say anything about it.”
He denies that he owned or operated the phone found by Gardaí in Vartry Reservoir in Co Wicklow, along with another handset, days after Ms O’Hara’s remains were discovered.
The court heard that Dwyer had used his registered work phone to communicate with the childcare worker.
This was established from printed invoices held by his employers.
Mr Guerin said prosecutors had tried to show that the content of those messages – mainly the desires depicted – were real and time-honoured.
It attempted to show that Ms. O’Hara’s death could only be explained by the realization of Dwyer’s intention to “stab a girl”.
He said prosecutors also tried to rule out any other possible explanation, such as suicide: “The text messages show that he said he would take her to the woods, tie her up and stab her. And she said she wouldn’t commit suicide.
“The case of the prosecution is confirmed by the exchange of texts. The defense is contradicted.
“If she committed suicide, how on earth did her keys and phone get to the lake?”
By March 2011, a burner phone — known as the “green phone” or “master phone” — had become the primary handset Dwyer used to communicate with Ms. O’Hara.
This was registered under a false name, Goroon Caisholm, a falsification of the name of one of Dwyer’s former co-workers. At this point, the Corkman interjected a second time, saying, “He was never a former colleague of mine.”
“An acquaintance, anyway,” Mr. Guerin replied.
The lawyer added that a text message allegedly sent by Dwyer to Ms O’Hara read: “If anyone asks for me tell them I’m your brother David.”
An outraged Dwyer interjected for the third time, “I’ve never written anything like that.”
At that point the warning was issued by Mr Justice Birmingham.
Sources familiar with the case say Dwyer’s repeated interruptions were “extraordinary,” given his calm outward demeanor throughout his two-month murder trial, as well as in Garda interviews during ongoing interrogations.
“It shows his frustration,” they said. “This is a man who has never lost his composure before, in court or in Garda interviews, and is finally showing a human side.”
During his lengthy trial, Dwyer never showed more than a hint of emotion — even when the jury was shown videos of him engaging in sadomasochistic sex with women.
The explicit videos are one of the complaints. Dwyer’s legal team alleges that the trial judge, Justice Tony Hunt, erred in allowing video of Dwyer engaging in sexual activity with Ms. O’Hara and other women. Dwyer could be seen stabbing her or pretending to stab her.
Dwyer’s attorneys allege a narration describing the videos should have been read to the jury instead because viewing the videos made it impossible for them to remain impartial.
At the end of his appeal, Dwyer left quietly. He has been returned to Midlands Prison and awaits the Court of Appeal’s decision.
Mr Justice Birmingham ended the proceedings and said the court would make its decision as soon as possible – but it should not be expected immediately.
“It remains to be seen whether Elaine O’Hara’s family will have to endure Christmas with this situation. You wouldn’t hope they’ve been through enough,” said a well-placed safety source. “But the appeals court’s decision cannot and should not be rushed. The memory of Elaine O’Hara is too important.”
https://www.independent.ie/irish-news/courts/murderer-graham-dwyer-lost-his-cool-in-court-and-his-mask-finally-slipped-42193620.html Killer Graham Dwyer lost his nerve in court – and his mask eventually slipped