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Dwyer murder trial jury retire start deliberations

Elaine O'Hara
Elaine O'Hara

THE jury in Graham O'Dwyer murder trial have been sent out to begin deliberations on a verdict.

Judge Tony Hunt finished his charge to the jury at 3.29pm this afternoon in the trial of Graham O’Dwyer who is accused of murdering Elaine O’Hara.

He told them the only acceptable verdict is a unanimous one.

The 12- person jury - seven men and five women - went straight out to begin their deliberations and decide on a verdict after the nine week trial.  After less than an hour they were sent home for the night and will resume their discussions on Wednesday morning.

Judge Hunt made several points in his summing up including that the jurors have to consider whether Elaine O’Hara may have died by suicide.

He told them that if they believe that suicide is a reasonable explanation for her death then they have to acquit.

The judge said that any untruths in Dwyer’s statements to Gardai have to be considered as to whether they were designed to cover up guilt.

Yesterday Mr Justice Hunt told the jurors the facts in the case were entirely a matter for them but they must apply the law that he told them about in a clinical manner.

He said they had seen and heard "horrific" material but they must put aside any feelings they had about Mr Dwyer.

He said the prosecution was asking them to make a very large decision based on indirect evidence.

A person could be convicted based on circumstantial evidence he said, but they had to take care with such evidence.

Mr Dwyer has pleaded not guilty to murder and the jury will continue their deliberations on Wednesday.