Courts / Cork / Report
Investigation of crime, victims rights, 'comprehensively' outweigh right to privacy, appeal court finds
Summary
The Court of Appeal has dismissed an appeal by Caolan Smyth and Gary McAreavey regarding the admissibility of mobile phone data used in their convictions. The appellants were found guilty and convicted, respectively, of the attempted murder of James Gately and possession of a firearm with intent to endanger life in 2017. McAreavey was also convicted of assisting Smyth by purchasing petrol and helping burn a black Lexus at Newrath, Dromiskin, Co Louth. The appeal challenged the use of data gathered under the Communications (Retention of Data) Act 2011, arguing it breached EU privacy laws following a separate ruling in the Graham Dwyer case. However, the court, led by Mr Justice George Birmingham, ruled that the Act was valid in 2017 and that the public interest in investigating crime comprehensively outweighed the limited privacy rights attached to the data. The court noted the data was tightly focused and did not reveal personal details such as beliefs or sexuality. The judgment affirmed the Special Criminal Court's 2020 findings. This decision does not affect the separate appeal by Elaine O'Hara, whose case remains contested and is not part of this finalisation.
Who, what, where, when and why
What: Report matter: Investigation of crime, victims rights, 'comprehensively' outweigh right to privacy, appeal court finds. Charges or matters: Mr Gately's attempted murder and was also convicted of possession of a firearm with intent to endanger life on the same date and location; assisting Smyth by purchasing petrol and assisting in the burning out of a black Lexus, used in the attempted murder, at Newrath, Dromiskin, Co Louth on the same day. Procedural stage: appeal. Findings: Found guilty; Convicted
When:
- August 2022 Hearing Or Sentence
- May 10, 2017 Incident
- February 2016 Other
- 2022-07-28 Publication
Case subjects
Appellant
Charges: Mr Gately's attempted murder and was also convicted of possession of a firearm with intent to endanger life on the same date and location; assisting Smyth by purchasing petrol and assisting in the burning out of a black Lexus, used in the attempted murder, at Newrath, Dromiskin, Co Louth on the same day (Proven)
Finding: Found guilty
Outcome: Found guilty
Applicant
Charges: Mr Gately's attempted murder and was also convicted of possession of a firearm with intent to endanger life on the same date and location; assisting Smyth by purchasing petrol and assisting in the burning out of a black Lexus, used in the attempted murder, at Newrath, Dromiskin, Co Louth on the same day (Alleged Or Contested)
Appellant
Charges: Mr Gately's attempted murder and was also convicted of possession of a firearm with intent to endanger life on the same date and location; assisting Smyth by purchasing petrol and assisting in the burning out of a black Lexus, used in the attempted murder, at Newrath, Dromiskin, Co Louth on the same day (Proven)
Finding: Convicted
Outcome: Convicted
Places mentioned
- Court of Appeal
- Special Criminal Court
- Clonshaugh Road
- Cork
- Cork Prison
- Portlaoise
- Portlaoise Prison
Topics
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