Courts / Cork / Report
Dwyer wins important legal battle over over use of mobile phone evidence
Summary
In a 2018 High Court ruling, Mr Justice Tony O'Connor granted Graham Dwyer limited declarations that sections of Ireland's 2011 Communications (Retention of Data) Act concerning telephony data are inconsistent with EU law and the European Convention on Human Rights. The judge found the Act provides an indiscriminate retention regime that contravenes Articles 7 and 8 of the EU Charter and the European Court of Human Rights, noting that no prior court review or adequate safeguards exist for accessing retained telephone data. The declarations will apply only to telephony data and exclude any effect on state security or human life. Dwyer, who denies murdering childcare worker Elaine O'Hara, intends to use these findings in his appeal against his 2015 conviction, while the State may appeal the decision. The case remains at the appeal stage.
Who, what, where, when and why
What: Report matter: Dwyer wins important legal battle over over use of mobile phone evidence. Procedural stage: trial
When:
- 2018-12-06 Publication
Why: The sections of the 2011 Act concerning access to retained data contravene EU law and the European Court of Human Rights because there was no prior review by a court of an independent administrative authority for access to telephony data. CNI source report
Case subjects
Applicant
Places mentioned
- High Court
- Central Criminal Court
Topics
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