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EU ruling in Graham Dwyer case does not 'automatically' exclude mobile phone evidence, judge finds

Summary

In a High Court decision, Mr Justice Tony Hunt ruled that the European Court of Justice's 2022 ruling in Graham Dwyer's case, which declared the indiscriminate retention of mobile‑phone data for criminal investigations unlawful, does not automatically exclude such evidence from Irish courts. The judge held that Gardaí investigating the murder of 22‑year‑old Jordan Davis were entitled to access the killer's phone records. He emphasized that the right to privacy is not absolute and must be balanced against the rights of society and victims. Mr Justice Hunt noted that the 2011 Communications (Retention of Data) Act was lawful under Irish law, even though parts of it conflicted with EU fundamental rights. He concluded that the evidence gathered in 2019 remains admissible, as the CJEU ruling does not compel automatic exclusion of data used in investigations. The judgment clarifies how Irish courts may interpret the EU decision in future cases involving mobile‑phone data.

Who, what, where, when and why

What: Report matter: EU ruling in Graham Dwyer case does not 'automatically' exclude mobile phone evidence, judge finds. Procedural stage: trial

When:

• 2022-07-08 Publication

Why: Evidence gathered in 2019, he said, does not become inadmissible because the European court found in 2022 that the retention of data is a breach of citizens' rights. CNI source report

Places mentioned

Topics

Stage Trial Violent Crime

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Read the original CNI report