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Supreme Court to hear Graham Dwyer's appeal next month
Summary
The Supreme Court will hear Graham Dwyer's appeal against his 2015 conviction for the murder of Elaine O'Hara on January 16. The one-day hearing centres on whether call data records used at trial should lead to a retrial, following declarations that retaining mobile phone data breached rights under the European Charter. Dwyer's lawyers argue the data retention constituted mass surveillance, while the DPP opposes the application. The Supreme Court agreed to hear the case, citing significant issues of general public importance regarding the admissibility of evidence obtained under a 2011 law later struck down by the Court of Justice of the European Union. In a preliminary hearing before Mr Justice Maurice Collins, the judge confirmed a timetable for legal submissions and asked the DPP and Dwyer's team to inquire if the Irish Human Rights and Equality Commission wishes to participate. Dwyer, who denies murdering O'Hara, was originally convicted by a jury at the Central Criminal Court. Mr Justice Tony Hunt sentenced him to the mandatory term of life imprisonment, describing the killing as a chilling and premeditated murder following a protracted campaign of manipulation and abuse. Although the Court of Appeal dismissed his conviction appeal last March, finding the call data evidence did not cause a miscarriage of justice, the Supreme Court is now reviewing the legal characterisation of the data's illegality and the scope of legislation governing conviction appeals.
Who, what, where, when and why
What: Report matter: Supreme Court to hear Graham Dwyer's appeal next month. Procedural stage: appeal. Findings: Convicted
When:
- August 22, 2012 Other
- 2023-12-12 Publication
Case subjects
Applicant
Finding: Convicted
Outcome: Convicted
Appellant
Finding: Convicted
Outcome: Convicted; Mr Justice Tony Hunt sentenced Dwyer to the mandatory term of life imprisonment for what he said was a "chilling and premeditated murder" carried out after a "protracted campaign of the most vile manipulation and abuse of a woman too weak to resist".
Places mentioned
- The Supreme Court
- Court of Appeal
- Supreme Court
- Central Criminal Court
- High Court
Topics
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