Courts / Ireland / Report
Report by former Chief Justice supports Dwyer's claim, High Court told
Summary
The High Court heard evidence on the second day of Graham Dwyer's challenge against the Garda Commissioner and the State, which seeks to strike down provisions of the Communications (Retention of Data) Act 2011. Dwyer, who was sentenced to life imprisonment in 2015 after a jury found him guilty of the murder of childcare worker Elaine O'Hara, claims the Act breaches his privacy rights under the European Charter, Irish Constitution, and the European Convention on Human Rights. He argues that evidence gathered under the Act should not have been used against him during his trial. Counsel for Dwyer cited a report by former Chief Justice John Murray, who stated the 2011 Act amounts to mass surveillance contrary to EU legislation. The respondents deny the claims, asserting Dwyer is not entitled to the declarations sought. Dwyer's appeal against his conviction remains pending before the Court of Appeal. The hearing continues.
Who, what, where, when and why
What: Report matter: Report by former Chief Justice supports Dwyer's claim, High Court told. Procedural stage: appeal
When:
- October 2013 Incident
- 2018-02-21 Publication
Case subjects
Defendant
Applicant
Outcome: In 2015 Dwyer was sentenced to life imprisonment after the jury found guilty of the childcare worker's murder.
Places mentioned
- High Court
- Court of Appeal
Topics
If a fact, identity, locality or legal outcome needs review, email the newsroom with this report's details prefilled.
Email a correction request