Courts / Dublin / Report

Dwyer's challenge to phone records used during trial to open tomorrow

Summary

In February 2018, Graham Dwyer, a convicted murderer, was set to begin a High Court challenge against the Garda Commissioner, the State, and other officials. The challenge concerned the use of his mobile phone records during his 2015 murder trial. Dwyer argued 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 cited the 2015 European Court of Justice ruling that struck down the directive underpinning the Act, claiming that the data collected from his phone was therefore invalid. The case, expected to last about two weeks, was to be heard by Justice Tony O'Connor, with Dwyer absent. He sought declarations, possible damages, and a referral to the European Court of Justice. The Garda Commissioner, Director of Public Prosecutions, Ministers for Justice and Communications, the Attorney General, and the State opposed his claims.

Who, what, where, when and why

What: Report matter: Dwyer's challenge to phone records used during trial to open tomorrow. Procedural stage: sentence. Findings: Convicted

When:

• October 2013 Hearing Or Sentence
• March 2015 Hearing Or Sentence
• August 2012 Hearing Or Sentence
• 2018-02-19 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report