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Much of State's evidence "irrelevant and inadmissible", Dwyer lawyers tell hearing

Summary

In a High Court hearing on 9 March 2018, Graham Dwyer's lawyers argued that the use of data from his mobile phone, retained under the 2011 Communications (Retention of Data) Act, breached his privacy rights. Dwyer, who denies murdering Elaine O'Hara, contended that the Act, introduced to implement a 2006 EU directive, was invalid because the European Court of Justice had ruled the directive unlawful in 2014 and 2016. His counsel claimed that the State's evidence was largely irrelevant and inadmissible, focusing on child‑abuse and national‑security investigations rather than Dwyer's case. The State, represented by Brian Murray SC, counter‑argued that the retention regime was essential for preventing and prosecuting serious crime, and that EU law did not govern national security. The case was set to resume the following week.

Who, what, where, when and why

What: Report matter: Much of State's evidence "irrelevant and inadmissible", Dwyer lawyers tell hearing. Procedural stage: hearing_or_decision

When:

• October 2013 Hearing Or Sentence
• 2018-03-09 Publication

Case subjects

Places mentioned

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Stage Hearing Or Decision

Read the original CNI report