Courts / Cork / Report
Dwyer "cannot escape" ruling that contested phone evidence could go before jury
Summary
In a High Court hearing, the court ruled that data generated by Graham Dwyer's mobile phone could be used as evidence against him in his Central Criminal Court murder trial. The State and Garda Commissioner argued that the data was lawfully retained and accessed under the 2011 Communications (Retention of Data) Act, which Ireland had adopted to comply with EU requirements. Dwyer's lawyers sought to exclude the data, citing a 2014 European Court of Justice decision that found the 2006 EU directive underpinning the Act invalid. The judge, Mr Justice Tony Hunt, rejected the exclusion and allowed the contested evidence to be presented to the jury. Dwyer maintains that the Act breached his privacy rights and is pursuing further legal action against the State and Garda Commissioner. The case remains ongoing.
Who, what, where, when and why
What: Report matter: Dwyer "cannot escape" ruling that contested phone evidence could go before jury. Procedural stage: trial
When:
- 2018-03-13 Publication
Places mentioned
- High Court
- Central Criminal Court
Topics
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