Courts / Dublin / Report

Three-judge court will not be convened for Graham Dwyer action

Summary

In a High Court action brought by convicted murderer Graham Dwyer, the court decided not to convene a three‑judge divisional court. Dwyer, who was convicted of the murder of Elaine O'Hara in 2015, alleges that provisions of the Communications (Retention of Data) Act 2011 breach his constitutional rights and the European Convention on Human Rights. He claims that the European Court of Justice's 2015 ruling invalidated the Irish legislation implementing the directive, rendering mobile‑phone data collected by Gardaí during the investigation of O'Hara's murder unlawful. The case, which is opposed by the State, will be heard by Mr Justice Tony O'Connor on 20 February and is expected to last six to eight days. Dwyer seeks damages and, if necessary, a reference to the European Court of Justice. The State's motion aims to ensure the case proceeds efficiently. The decision was made after discussions with the President of the High Court and concerns over judge availability.

Who, what, where, when and why

What: Report matter: Three-judge court will not be convened for Graham Dwyer action. Procedural stage: sentence. Findings: Convicted

When:

• October 2013 Hearing Or Sentence
• March 2015 Hearing Or Sentence
• August 2012 Hearing Or Sentence
• 2018-01-12 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report