“If there’s a reasonable possibility of suicide, you have to acquit,” Mr Justice Tony Hunt indicated to the five women and seven men of the jury, who resume their deliberations today.
He referred to eight hours of text message “zeroing in on the end game”. And, furthermore, the judge said: “It all boils down to your view of three hours.” Also, during his charge to
the jury, Mr Justice Hunt said: “The one thing we can say is that one came home and one didn’t. That’s for sure.
“The question is why did one person not come home? Is the person who came home responsible?” Dwyer, aged 43, denies the charge of murdering the Dublin woman in 2012.
The jury retired to their room yesterday afternoon on the 43rd day of the trial.
It is the State’s case that the architect took Ms O’Hara up the mountain to Killakee and stabbed her to death in pursuit of sexual gratification. Mr Justice Tony Hunt began his charge to the Central Criminal Court jury on Monday and finished at 3.30pm yesterday.
He told the jury the prosecution case was very stark: “This is not fantasy. This is fantasy turned into reality.” He noted that the State’s case involved circumstantial evidence. “It can be done but it requires care,” he said.
“It requires watching out for inconsistencies.” He said the jury had almost five years of information about both people, their relationship, desires, tastes and behaviour.
“You’re being asked to use all that to come to a conclusion about what happened,”he said. “The texts will allow you to bring them together, there’s no doubt about that.
”He said the texts would also allow them to make judgments about the states of mind of the people whowent down to the shore that evening.
He said they had to consider it logically, and if they found an innocent explanation, they would have to acquit. He also reminded the jury of what Mr Dwyer said about his relationship with Ms O’Hara and what the jury had actually seen of this relationship in videos.
However, he said that they could take lies as supporting the prosecution case only if satisfied they were told to cover up guilt.
“You should not necessarily make a leap from finding he lied to an inference of guilt,” he said, explaining that there were many other reasons that a person would lie, including shame.