Courts / Dublin / Report

Date set for Graham Dwyer action

Date
2017-06-15
Stage
Sentence
Primary locality
Dublin
County
Dublin

Summary

In a High Court action filed in 2015, convicted murderer Graham Dwyer seeks to challenge the use of his mobile phone records in his 2015 murder trial. Dwyer, charged in October 2013 with the killing of Elaine O'Hara and convicted in March 2015, argues that the Communications (Retention of Data) Act 2011 violated his constitutional privacy rights, the European Convention on Human Rights and the EU Charter of Fundamental Rights. He cites the 2015 European Court of Justice ruling that struck down the directive underpinning the Act, claiming that Irish legislation implementing the directive was illegal and that data collected on his phone was therefore invalid. The State's request for disclosure of phone records was granted by service providers and the data was admitted as evidence, despite Dwyer's lawyers' objections.

Who, what, where, when and why

What: Report matter: Date set for Graham Dwyer action. Procedural stage: sentence. Findings: Convicted

When:

Case subjects

Graham Dwyer

Background Person

Finding: Convicted

Outcome: Convicted

Places mentioned

Court Venue
  • High Court
  • Central Criminal Court
  • The High Court
Secondary Mention

Topics

Stage Sentence Violent Crime

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