Courts / Cork / Report

Dwyer case heads for Supreme Court

Date
2019-01-11

Stage
Appeal

Primary locality
Cork

County
Cork

Summary

The State will ask the Supreme Court to hear an appeal against a High Court ruling that found Graham Dwyer, a Cork-born architect, was entitled to a declaration that Section 6.1(a) of the 2011 Communications (Retention of Data) Act was inconsistent with EU law. The High Court judge, Mr Justice Tony O'Connor, made a single declaration in Dwyer's favour and placed a stay on it until the first directions hearing of the proposed appeal. The stay will be reviewed by the Supreme Court. The State also seeks a recommendation that Dwyer's legal costs be paid by the State. Dwyer, who denies murdering childcare worker Elaine O'Hara, argues that data from his work phone, used at his 2015 trial, was unlawfully retained and accessed under the 2011 Act, which he claims is inconsistent with EU and European Convention rights. The State contends the data retention regime is essential for serious crime investigations.

Who, what, where, when and why

What: Report matter: Dwyer case heads for Supreme Court. Procedural stage: appeal

When:

2019-01-11 Publication

Why: The judge also stated that, given the matter is to be appealed, the court's ruling should not be used as a reason for retained telephony data to be destroyed. CNI source report