Elaine O'Hara accused to apply for bail in the coming weeks

Friday 25 October 2013 22.12
Graham Dwyer is accused of the murder of Elaine O'Hara
Graham Dwyer is accused of the murder of Elaine O'Hara

A man charged with the murder of childcare worker Elaine O'Hara, whose remains were found in the Dublin Mountains last month, is to make a bail application in the coming weeks.

Graham Dwyer, 41, who is originally from Cork, but has an address at Kerrymount Close, Foxrock, Dublin 18, is accused of the murder of Ms O'Hara, 36, in Co Dublin on 22 August 2012.

The father-of-two had been held for questioning overnight at Blackrock Garda Station before being brought to appear at Dún Laoghaire District Court on 18 October.

At that brief hearing, Detective Sergeant Peter Woods had said the architect had been cautioned and when asked if he had anything to say after he was charged, he had replied: "I do, not guilty."

He had been remanded in custody and today he appeared at Cloverhill District Court before Judge Grainne Malone.

A book of evidence has yet to be completed in the case and Judge Malone was told that the State was seeking an adjournment.

Mr Dwyer, who was wearing a black jumper and dark trousers, stood silently during the hearing and did not address the court during the proceedings.

The proceedings were also attended by some members of his family.

The businessman, who has not yet formally entered a plea, nodded as the judge further remanded him in custody with his consent, to appear again at the same court on 20 November next.

Defence solicitor Jonathan Dunphy asked for a "section 56 order", which relates to obtaining copies of the garda custody record and video-taped interviews in the case.

The State did not object but the judge commented that is normally done at a later stage in proceedings.

The district court does not have jurisdiction to grant bail to an accused charged with murder, which can only be done in the High Court.

In relation to this issue, Mr Dunphy told the judge that "an application for bail would be made the week after next".

There has also been a request for free legal aid to be granted to Mr Dwyer and Judge Malone was today furnished with a statement of his means.

She deferred ruling on that request and said she wanted to consider Mr Dwyer's statement of means.

She said that if she decides to grant legal aid it will be back-dated.

The defence lawyer said that Mr Dwyer is "anxious that the matter would be addressed on the next date".

Ms O'Hara's body was found in undergrowth by a woman walking her dog on 13 September this year on Killakee mountain.