Courts / Wicklow / Report

Graham Dwyer to file appeal submissions next month

Summary

Graham Dwyer, aged 49, is set to file appeal submissions by 15 July after the Court of Appeal confirmed the case could be heard in autumn. The appeal stems from a 2022 European Court of Justice ruling that indiscriminate retention of mobile phone data breaches EU law, a key element in his 2015 conviction for murdering childcare worker Elaine O'Hara. Dwyer's lawyers argue that metadata used at trial was unlawful under the 2011 Communications (Retention of Data) Act, which the EU Court found invalid. The appeal will address whether the data should have been admissible and whether his conviction should be quashed. The Director of Public Prosecutions will need time to respond, and the case is unlikely to be heard before the October court term. The appeal will be revisited in July for progress updates. Dwyer was convicted by a jury at the Central Criminal Court in 2015 for O'Hara's murder on 22 August 2012.

Who, what, where, when and why

What: Report matter: Graham Dwyer to file appeal submissions next month. Procedural stage: appeal. Findings: Convicted

When:

• August 2012 Hearing Or Sentence
• July 15 Hearing Or Sentence
• August 22, 2012 Hearing Or Sentence
• 2022-06-20 Publication

Why: He suggested the case is a priority because a number of other cases are awaiting the outcome. CNI source report

Case subjects

Places mentioned

Topics

Stage Appeal Violent Crime

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Read the original CNI report