Courts / Cork / Report
Dwyer judgement expected in October
Summary
In a case pending in October, convicted murderer Graham Dwyer, who denies killing Ms Elaine O'Hara, seeks to have provisions of Ireland's 2011 Communications (Retention of Data) Act struck down. He argues that data from his work phone, which placed him at a specific location at a specific time and linked him to another mobile phone used to contact Ms O'Hara, was unlawfully used at his 2015 trial. Dwyer claims the Act violates his rights under the EU Charter and the European Convention on Human Rights, citing the European Court of Justice's 2014 and 2016 rulings that found a 2006 EU directive on data retention invalid. The State rejects his arguments, stating the application to exclude the data was dismissed by the trial judge and that such laws are essential for serious crime detection. After submissions by counsel for both parties, Mr Justice Tony O'Connor has reserved judgment, to be delivered in October.
Who, what, where, when and why
What: Report matter: Dwyer judgement expected in October. Procedural stage: trial
When:
- 2018-07-05 Publication
Places mentioned
- Central Criminal Court
Topics
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