One of Ireland’s most notorious murderers has won a significant legal battle in his attempt to have his conviction for murder overturned.
Graham Dwyer was convicted in 2015 of the murder of Elaine O’Hara in August 2012.
However, Europe’s top court confirmed this morning that Ireland’s system of retaining and accessing mobile phone metadata breaches EU law.
Such data was a key part of the prosecution’s case against Dwyer.
But while the decision has implications for the investigation of crime across Europe, it does not mean Dwyer will automatically win his appeal.
Dwyer was convicted in 2015 of the murder of Elaine O’Hara in August 2012
The Court also outlined the circumstances in which the targeted retention of such data IS permitted under EU law.
RTE reports that this morning’s decision by the Court of Justice of the European Union comes as little surprise.
Last November, a senior adviser to the court, published an opinion that indiscriminate retention of data was not allowed under EU law.
He said it could be retained only in relation to a threat to national security and not for the investigation of crime and Irish legislation allowing it to be retained for two years did not comply with EU law.
The CJEU usually endorses the opinion of the Advocate General and its own case law indicated it would do so again in this case.
Member states had argued that investigating serious crime would be almost impossible if mobile phone metadata could not be retained.
Today’s decision, however, does set out certain limited circumstances in which the targeted retention of such data is permissible under EU law.
The implications for Dwyer’s appeal are yet to be determined.
The case will now go back to the Supreme Court, which is likely to rule in his favour.
But his appeal will be determined by the Court of Appeal which will hear arguments about the admissibility of this evidence at his trial.
There is also a previous Supreme Court judgment which allows evidence to be admitted, even if a person’s rights are breached, as long as that breach was inadvertent or in good faith. was convicted in 2015 of the murder of Elaine O’Hara in August 2012.
Europe’s top court confirmed this morning that Ireland’s system of retaining and accessing mobile phone metadata breaches EU law.
Such data was a key part of the prosecution’s case against Dwyer.
But while the decision has implications for the investigation of crime across Europe, it does not mean Dwyer will automatically win his appeal.
The Court also outlined the circumstances in which the targeted retention of such data IS permitted under EU law.
This morning’s decision by the Court of Justice of the European Union comes as little surprise.
Last November, a senior adviser to the court, published an opinion that indiscriminate retention of data was not allowed under EU law.
He said it could be retained only in relation to a threat to national security and not for the investigation of crime and Irish legislation allowing it to be retained for two years did not comply with EU law.
The CJEU usually endorses the opinion of the Advocate General and its own case law indicated it would do so again in this case.
Member states had argued that investigating serious crime would be almost impossible if mobile phone metadata could not be retained.
Today’s decision, however, does set out certain limited circumstances in which the targeted retention of such data is permissible under EU law.
The implications for Dwyer’s appeal are yet to be determined.
The case will now go back to the Supreme Court, which is likely to rule in his favour.
But his appeal will be determined by the Court of Appeal which will hear arguments about the admissibility of this evidence at his trial.
There is also a previous Supreme Court judgment which allows evidence to be admitted, even if a person’s rights are breached, as long as that breach was inadvertent or in good faith.
