Single parenting in a pandemic: ‘I cry alone in the car so the kids don’t...

Lia Hynes

Author Ruth Gilligan: ‘I have slowly colonised our flat’s small second bedroom into my writing...

Sophie Grenham

About 400,000 women in Ireland have this condition and don’t know

IMAGE

The Cabinet Sub-Committee on Covid-19 currently has no women sitting on it. Why?

Lynn Enright

And now Dermaplaning. When will it be okay for women to have hair?

Kate Demolder

Non-colour nail polish for when you’ve finally removed your gel nails

Holly O'Neill

Lady Gaga offers reward after dog-walker shot 4 times, pets stolen

Jennifer McShane

Anne Hathaway says she was ‘ninth choice’ for one of her most iconic roles

Jennifer McShane

This utterly dreamy Victorian home just outside of Belfast is on the market for £995,000

Megan Burns

Image / Editorial

Graham Dwyer phone data appeal to be referred to European Court of Justice


by Edaein OConnell
24th Feb 2020

The Supreme Court has ruled that the phone date retention case of Graham Dwyer is to be referred to the European Court of Justice


The Supreme Court has ruled to refer key elements of convicted murderer, Graham Dwyer’s mobile phone data retention case to the Court of Justice of the European Union. The decision was made this morning by seven judges at a Supreme Court sitting in Waterford.

It comes after the High Court found a 2011 law permitting phone data to be used in the murder trial was in fact in breach of EU law. The outcome will not be fully decided by the Irish Supreme Court until the CJEU makes a ruling.

A separate appeal by Dwyer over his murder conviction is still on hold.

Phone data

Mobile phone data played a major role in the 2015 murder case of childcare worker Elaine O’ Hara, whose remains were found in the Killakee Mountains in Rathfarnham in 2013. The phone data was key to identifying Dwyer as a suspect and subsequently led to his conviction.

According to RTÉ News, “Chief Justice Frank Clarke said he had expressed a view on three key issues in the case but because the answers involve matters of EU law and the answers are not clear, he intended to refer the issues to the Court of Justice of the EU in Luxembourg.”

The outcome of the case will have significant implications in the investigation of serious crimes.