Today marks ten years since the murder of vulnerable childcare worker Elaine O'Hara.

Architect Graham Dwyer was convicted of murdering her in 2015, however, his appeal will be heard this December.

Ms O’Hara, from Stepaside in Co Dublin, was last seen on Wednesday, August 22nd, 2012, near Shanganagh Cemetery in South Dublin.

Hours earlier, the 36-year-old had been discharged from a psychiatric hospital.

A year later, her remains were discovered in the Dublin Mountains.

Gardai at the scene where the remains of Elaine O'Hara from Killiney were discovered on Kilakee Mountain, 14-09-2013. Image: Laura Hutton/RollingNews

Graham Dwyer, a Cork-born architect, with an address in Foxrock in Dublin, was eventually convicted of murdering her to fulfil his sexual fantasies.

He is now appealing against that conviction, arguing that his phone data was wrongly used by the Gardaí.

His case was recently boosted by a finding from the European the European Court of Justice; however, barrister Ronan Lupton says a separate Court of Appeal judgment last month was not favourable to Dwyer's argument.

“I would have thought that the Court of Appeal will consider its judgement in Smyth as handed down in July of this year this year – effectively allowing the admission of phone records under the regime which was sought to be challenged through the Dwyer case,” he said.

“So there has been a very significant development. It doesn’t look too bright for Mr Dwyer in terms of his appeal.”

He said he does not expect the appeal to be successful.

“In relation to how the appeal will be heard, yes it will be a panel of three judges in the Court of Appeal and given what we now know in the Smith cases and what has come back from the Court of justice via the Supreme Court, my view is he will be unsuccessful,” he said.

“I also think there is enough common law jurisprudence here for the Court of Appeal to rely on that successfully.”

Dwyer's appeal will be heard by the Court of Appeal in December.