Courts / Dublin / Report

Access to mobile phone data an "interference" with privacy rights, Hutch murder trial told

Summary

The Special Criminal Court heard a voir dire regarding the admissibility of mobile phone data in the trial of Thomas Fox, Jonathan Keogh, and Regina Keogh, who are accused of murdering Gareth Hutch. All three defendants have pleaded not guilty to the murder charge; Mr Fox has additionally pleaded not guilty to unlawfully possessing a Makarov 9 mm handgun. Defence counsel argued that the retention and unrestricted access to call data records breached EU privacy laws and should be excluded. Prosecution counsel Paul Burns SC countered that privacy is not an absolute right and that the Gardaí's access was proportionate, necessary, and justified under a balancing exercise. The State seeks to admit records showing phones "pinged" off masts at relevant times, alleging Mr Keogh threatened the victim, while Mr Fox and Ms Keogh planned the killing. The prosecution described the act as premeditated. The court, presided over by Mr Justice Tony Hunt with Judges Patricia Ryan and Michael Walsh, will rule on the admissibility of this evidence at a later date. The trial continues.

Who, what, where, when and why

What: Report matter: Access to mobile phone data an "interference" with privacy rights, Hutch murder trial told. Charges or matters: murdering Mr Hutch; unlawfully possessing a Makarov 9 mm handgun. Procedural stage: trial

When:

• May 24, 2016 Hearing Or Sentence
• May 23, 2016 Incident
• 2018-07-19 Publication

Case subjects

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report