Courts / Wicklow / Report
Dwyer's lawyers tell appeal that phone data retention is 'opportunistic form of mass surveillance'
Summary
In a Court of Appeal hearing on 1 December 2022, lawyers for Graham Dwyer argued that the retention of mobile‑phone data used in his 2015 murder trial was an "opportunistic form of mass surveillance" that breached his rights under the European Charter of Fundamental Rights. Remy Farrell SC contended that the 2011 Communications (Retention of Data) Act, which required mobile‑phone companies to keep data for two years, amounted to indiscriminate surveillance of all phone users, not just suspected criminals, and that the data from Dwyer's work phone had been used to build a detailed picture of his life. Michael Bowman SC added that the trial judge's non‑verbal behaviour and the introduction of nine videos of Dwyer with various women may have unduly influenced the jury. Dwyer, 50, was convicted of murdering 36‑year‑old Elaine O'Hara in 2012 and was sentenced in 2015.
Who, what, where, when and why
What: Report matter: Dwyer's lawyers tell appeal that phone data retention is 'opportunistic form of mass surveillance'. Procedural stage: appeal. Findings: Convicted
When:
- August 22, 2012 Hearing Or Sentence
- October 7, 2011 Hearing Or Sentence
- November 30 2012 Hearing Or Sentence
- 2022-12-01 Publication
Why: But, he said, "one has to accept the result and then fully internalise the result because all State institutions, particularly the courts, are under a duty of loyal cooperation insofar as the Court of Justice is concerned. CNI source report
Case subjects
Applicant
Finding: Convicted
Outcome: Convicted
Places mentioned
Topics
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