Courts / Dublin / Report
Dwyer's action over use of phone records may be heard by three-judge court
Summary
In a High Court action launched in 2015, convicted murderer Graham Dwyer seeks to challenge the use of his mobile phone records by the Garda Commissioner and State. Dwyer, who was convicted of the 2012 murder of Elaine O'Hara, argues that provisions of the Communications (Retention of Data) Act 2011 violate his constitutional right to privacy, 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 underlying the Act, claiming that the Irish legislation implementing it is therefore illegal and that the data collected on his phone is invalid. The State, represented by Sean Guerin SC, contends that the case raises significant legal questions and may be heard by a three‑judge divisional court. Ms Justice Caroline Costello has adjourned the matter to early January to allow pre‑trial issues to be addressed, with the hearing expected to last several weeks.
Who, what, where, when and why
What: Report matter: Dwyer's action over use of phone records may be heard by three-judge court. Procedural stage: sentence. Findings: Convicted
When:
- October 2013 Hearing Or Sentence
- March 2015 Hearing Or Sentence
- February 20th Hearing Or Sentence
- August 2012 Hearing Or Sentence
- 2017-12-20 Publication
Case subjects
Background Person
Finding: Convicted
Outcome: Convicted
Places mentioned
Topics
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