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Dwyer in late 2013, just after he was initially charged with the murder of Elaine O'Hara. Photocall Ireland

'Fantasies from a particularly sick mind': The judge's opinion of Graham Dwyer

“Obnoxious”. “Lies”. “Disturbing”. “Grotesque”. Mr Justice Tony Hunt pulled no punches on his view on Dwyer’s behaviour.

THE JUDGE IN the Graham Dwyer trial made his views on the case clear on day 39.

Justice Tony Hunt outlined his reasons for not granting an application by the defence on some of the evidence put forward by the prosecution.

He gave his opinion on a number of matters. He said that it was immediately obvious that the person using the 083 number was Graham Dwyer, stating that it was clear Mr Dwyer knew Ms O’Hara very well and in a sexual way.

While the jury was absent, Justice Hunt told the court that Mr Dwyer reignited the relationship and a sexual affair resumed between the pair. He pointed to the evidence of Mr Dwyer’s semen on a mattress in Ms O’Hara’s apartment.

“I am satisfied that the 083 and master phone were acquired and used by Mr Dwyer, ” said Justice Hunt, adding that he was “satisfied the Vartry phone is his”.

He also mentioned the “identical bag” Mr Dwyer was seen on CCTV removing from Elaine O’Hara’s apartment in Belarmine, which he said was “then fished out of the Vartry reservoir”.

These are all very important matters, as are the lies told by Mr Dwyer in police interviews.

He then focused on the silence of the master phone after her disappearance.

Blood lust

The judge said that Mr Dwyer was satisfying his blood lust by voicing his desire to kill a woman and warned Elaine O’Hara that she would become subject to it if she didn’t help him.

“Then the obnoxious suggestion he made that he would supply her with a baby – for taking the life of another person.”

Justice Hunt said Mr Dwyer bombarded Ms O’Hara, who is described as a “troubled woman” with offensive messages which were fantasies from a “particularly sick mind”.

He said the evidence put forward by the prosecution show aspects of the accused behaviour, which he said was both “relevant and disturbing”.

The judge said that Darci Day’s testimony was relevant as he spoke about a untraceable cell phone, which he said has resonance with the case pertaining to Ms O’Hara.

File Pic THE JUDGE IN the Graham Dwyer murder trial has told the jury that they have to leave sentiment and emotion aside when reaching the verdict. Mr Justice Tony Hunt told the jury they were sitting on the jury precisely because they are not lawyers. Mr Justice Tony Hunt spoke of Dwyer's "particularly sick mind" on day 39 of the case. Mark Stedman / Photocall Ireland Mark Stedman / Photocall Ireland / Photocall Ireland

Justice Hunt also mentioned disturbing aspects of a “grotesque manner” of the photoshopped material and the rape and murder document entitled ‘Jenny’s first rape’.

“A blueprint for violent action”

“It is beyond any reasonable doubt… it was a blueprint for violent action”, stating it was about “turning violent fantasy into violent reality”.

Making reference to the case put forward of suicide, the judge said that “if she wanted to hang herself she had a noose in her apartment”.

He also said that on the day she was discharged from hospital she collected a significant amount of medication from the pharmacy, all of which was found intact.

He pointed out that there was also no discussion between her pharmacist or her doctors about concerns she was suicidal.

Justice Hunt said there was no basis for the application from the defence, stating that causation could not be inferred.

If the jury think the other way after looking at the case, they will be asked to acquit, he added.

Graham Dwyer looked on, seemingly unphased by the judge’s scathing comments pertaining to his innocence and guilt.

These comments were not made to the jury.

When charging the jury, Judge Hunt withheld these opinions and told the jury to leave any “sentiment and emotion” aside when reaching their verdict.

He said that they could not have any second thoughts about their decision.

He also pointed out the importance of attributing the phones to Mr Dwyer. He said if the jury could not do that then they should really go no further, stating that they bring Mr Dwyer and Ms O’Hara together at the beach on 22 August 2012.

However, he did tell the jury it “seems to me if the comments on phone are not referable to Graham Dwyer, they are to someone who bears an astonishing similarity”.

He also told the jury that if there was an reasonable doubt in the minds of the jurors that there was another possible scenario such as suicide, they were obliged to acquit Mr Dwyer.

Graham Dwyer found guilty of the murder of Elaine O’Hara>

How long will Graham Dwyer be in prison for?>

The reason behind a jury’s ‘reasonable doubt’>

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60 Comments
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    Mute John Campbell
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    Jul 28th 2017, 7:42 AM

    What a pity! The political class and the many chancers in public life have no one left who will challenge them. Time to circle the wagons.

    428
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    Mute Dermot Lane
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    Jul 28th 2017, 8:01 AM

    As television in ireland continues to go down the road of the bland leading the bland,I think it’s safe to say we will won’t see his likes of Vincent anytime soon. Unless Gene Kerrigan fancies turning his hand to TV?

    246
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    Mute Dave barrett
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    Jul 28th 2017, 9:10 AM

    Vincent was the only one to ask the right questions and stick it to politicians and the like. Never one to be fobbed off. Well done

    141
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    Mute mickmc
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    Jul 28th 2017, 7:41 AM

    A cantankerous contrary old git. Never though he got the best out of his guests because they were constantly on edge with him.

    124
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    Mute Martin Critten
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    Jul 28th 2017, 8:14 AM

    @mickmc: like many of us he had a total aversion to the bullsh*t most politicians and media feed us with on a daily basis.

    289
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    Mute Tony Skillington
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    Jul 28th 2017, 8:36 AM

    @mickmc: Which is to say what? He upset the politicians who are used to being given a verbal lap dance by the likes of Miriam O’Callaghan or Pat the plank???

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    Mute mickmc
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    Jul 28th 2017, 8:37 AM

    @Martin Critten: Yes that’s true but I’m not sure his style of interviewing cut through it either. Sometimes you have to be clever about these things and tease the issue out unknowns to the interviewee.

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    Mute Joe Phillips
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    Jul 28th 2017, 9:50 AM

    @mickmc: Put your money where your mouth is and apply to replace him, mick

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    Mute Chris Kirk
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    Jul 28th 2017, 10:04 AM

    @Tony Skillington: If he was doing his job properly he wouldn’t be there to upset anyone, just give sensible debate to the issues of the day. VB was only interested in himself getting points across.

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    Mute Ken Pepper
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    Jul 28th 2017, 10:11 AM

    @mickmc: hi joan !

    26
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    Mute Joe Phillips
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    Jul 28th 2017, 10:28 AM

    @Chris Kirk: I disagree completely, Chris. It was VB’s job to hold these people accountable, not just to give them another platform like they already had on RTE. If he wasn’t grilling them and making them squirm (knowing what we now know about the level of corruption in government), then he wasn’t doing his job. It was a very valuable service he provided in tandem with exemplary journalistic skills.
    It was his job to expose BS. If he never upset anyone, the whole program would’ve been pointless.

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    Mute james connolly
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    Jul 28th 2017, 10:38 AM

    @Joe Phillips: he held no one to account, he was making tv, nothing more nothing less. It was mildly entertaining but nothing more.

    Listening to you would would swear it was the public accounts committee he was running.

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    Mute Joe Phillips
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    Jul 28th 2017, 10:46 AM

    @james connolly: no offence, james, but you’re not a reasonable commentator and I don’t know how to talk to you without paper and crayons.

    36
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    Mute Ken Hayden
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    Jul 28th 2017, 11:35 AM

    @Joe Phillips: Try balloons and buckets of confetti , he seems to like clowns .

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    Mute Tony Skillington
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    Jul 28th 2017, 11:47 AM

    @Chris Kirk: RTE have been giving ‘sensible debates’ for 30 years and are frightened of upsetting the hand that feeds them. VB while acerbic in his questioning at times, does what any good journalist should do…shake up the political elite and cut through the horse $h1t that RTE seem only too happy to dole out. He is a breath of fresh air in public broadcasting and I applaud him for being so.

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    Mute mickmc
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    Jul 28th 2017, 10:00 PM

    @Joe Phillips: Did I in any way suggest I had the knowledge or the skill to do his job. You don’t have to be good at a job to recognise when someone else is doing a equally bad job too. I don’t think I ever make it as a premier league footballer at this stage, but that doesn’t say I wouldn’t recognise a bad one when I’d see him.

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    Mute Scundered
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    Jul 28th 2017, 9:41 AM

    Thanks Vinny for making politics interesting and being our cat among the pigeons.

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    Mute Chris Byrne
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    Jul 28th 2017, 9:10 AM

    TheJournal.ie, how many articles have you published on this guy’s last show? I’m not sure you’ve got the finger on the pulse of the nation on this one.
    Yes, acknowledged it but you’re milking a very average news story over the past three days.

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    Mute shouldweallbe
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    Jul 28th 2017, 11:37 AM

    Why did Glenda feel the need to capture the choir on her smartphone? Could she not have merely recorded the bleedin’ show? Yours, etc.

    26
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    Mute Mary Lyons
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    Jul 28th 2017, 12:12 PM

    @shouldweallbe: I agree! It just seems to be an automatic reaction for so many. They miss the actual core of what’s happening while trying to get a balanced photo on the phone! But what I couldn’t take my eyes off was Mary Lou smiling! She looked so different and quite lovely!!!!

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    Mute Dante Marquinhos
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    Jul 28th 2017, 8:14 AM

    I didn’t bother watching it after his vomit inducing lovefest with the Leo the previous night.

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    Mute Honeybadger197
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    Jul 28th 2017, 8:24 AM

    @Dante Marquinhos: That’ll show him who’s boss!

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    Mute Dante Marquinhos
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    Jul 28th 2017, 8:37 AM

    @Honeybadger197:Oh I’d say you showed yourself who’s boss watching Leo the other night. That’s the thing about you Blueshirts, were other political supporters just follow their respective parties, you Blueshirts treat them like they are a boyband and you are a bunch of 14 year old girls with a crush.

    Extremely bizarre and disturbing behaviour from supporters of a political party.

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    Mute Honeybadger197
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    Jul 28th 2017, 8:44 AM

    @Dante Marquinhos: Dry your eyes Dante. I’m sure in time you’ll forgive Vincent for talking to a Taoiseach and making you all upset and nauseous. I hope this helps x
    http://www.healthline.com/health/how-to-stop-vomiting-remedies

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    Mute Honeybadger197
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    Jul 28th 2017, 8:57 AM

    @Dante Marquinhos: Talks about lovefest between presenter and politician, talks about sexual infatuation with politicians regularly… Methinks the Dante doth protest too much! Tell me Dante, how did this predilection for politicians first present itself?

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    Mute Honeybadger197
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    Jul 28th 2017, 9:08 AM

    @Dante Marquinhos: “Psychological projection is a defense mechanism people subconsciously employ in order to cope with difficult feelings or emotions. Psychological projection involves projecting undesirable feelings or emotions ontosomeone else, rather than admitting to or dealing with the unwanted feelings”
    Its not your fault Dante. Its not your fault.

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    Mute Dante Marquinhos
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    Jul 28th 2017, 9:14 AM

    @Honeybadger197: Good, the first step is admitting you have a problem. Well done Honey, you’re on the road to recovery. Best of luck!

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    Mute psychiatrist
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    Jul 28th 2017, 9:28 AM

    @Dante Marquinhos: Yes, would you please admit you have a problem.

    9
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    Mute james connolly
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    Jul 28th 2017, 9:43 AM

    @Dante Marquinhos: Few things in life as funny as a triggered shinnerbot. You never disappoint.

    14
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    Mute Pat Price
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    Jul 28th 2017, 10:33 AM

    @Dante Marquinhos: Yep , disappointed with that one myself , perhaps if Vincent will do “one offs” in the future he can do a real interview with this smarmy git

    12
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    Mute james connolly
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    Jul 28th 2017, 10:04 AM

    The underclasses though VB shows was about politics, everyone else saw it for the entertainment show it was.

    18
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    Mute Chris Kirk
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    Jul 28th 2017, 10:06 AM

    @james connolly: VB having a laugh at everyone elses expense

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    Mute james connolly
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    Jul 28th 2017, 10:20 AM

    @Chris Kirk: exactly.

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    Mute Ken Pepper
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    Jul 28th 2017, 10:11 AM

    #gutted

    17
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    Mute Chris Kirk
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    Jul 28th 2017, 9:59 AM

    About as politically astute as my dead hamster, give me Andrew Marr and Andrew Neil any day of the week.

    20
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    Mute Deborah Behan
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    Jul 28th 2017, 10:30 AM

    I hope he still pops up on TV3 or somewhere else from time to time. It would help with the DTs!

    15
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    Mute ianglen
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    Jul 28th 2017, 7:41 AM

    I liked his no nonsense couldn’t give a flying f*ck who you are approach.

    217
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    Mute Patrick Lynch
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    Jul 28th 2017, 5:36 PM

    So apart from Gene Kerrigan what other journalist do we have that has the balls to take on the establishment .(Sorry ladies not meant to be a misogynist comment )

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    Mute Tony Shaw
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    Jul 28th 2017, 8:05 PM

    Good riddance. A rude belligerent individual with no redeeming features. His interruptions made Cathal Mc Coille look like an amateur.

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