Courts / Dublin / Report

Dwyer asks High Court to strike down law that allowed phone records go before jury

Summary

Graham Dwyer, aged 45, has asked the High Court to strike down parts of the Communications (Retention of Data) Act 2011 that allowed Gardaí to obtain and use mobile phone data as evidence in his murder trial. He was convicted of the murder of childcare worker Elaine O'Hara and sentenced to life imprisonment in April 2015. Dwyer claims the Act breaches his constitutional rights, the European Convention on Human Rights and the EU Charter of Fundamental Rights, arguing that the 2011 Act implements the invalid 2006 EU Directive 2006/24/EC, which the European Court of Justice struck down in 2014 for violating privacy and data protection. He seeks declarations that the Act is incompatible with EU law, damages for breaches of his rights, and an order that his legal costs be paid by the respondents. The case is pending before Mr Justice Tony O'Connor and will affect his appeal against conviction.

Who, what, where, when and why

What: Report matter: Dwyer asks High Court to strike down law that allowed phone records go before jury. Procedural stage: sentence. Findings: Found guilty

When:

• April 2015 Hearing Or Sentence
• October 2013 Incident
• September 2013 Incident
• 2018-02-20 Publication

Case subjects

Places mentioned

Topics

Stage Sentence Violent Crime

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Read the original CNI report