Courts / Cork / Report

Dwyer's right to privacy was not breached during murder investigation, State submits

Date
2018-03-15

Stage
Trial

Primary locality
Cork

County
Cork

Summary

In a High Court hearing on 15 March 2018, the State argued that Graham Dwyer's constitutional right to privacy was not breached when Gardai accessed data from his mobile phone during the investigation of childcare worker Elaine O'Hara's murder. Sean Guerin SC, representing the State and the Garda Commissioner, explained that under the 2011 Communications (Retention of Data) Act, telecommunication data from Dwyer's personal phone was lawfully retained and accessed. The prosecution had presented this data at Dwyer's 2015 trial, showing his presence at certain locations. Guerin contended that the right of the Gardaí to investigate the relationship between Dwyer and O'Hara outweighed any privacy claim, as the data was relevant to the missing person case. He noted that Dwyer's challenge to the Act on constitutional grounds was ongoing, but the State maintained that the data retention and access did not infringe his privacy rights.