Supreme Court refers State’s appeal in Dwyer case to European Court of Justice
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The Supreme Court has referred the State’s appeal against convicted murderer Graham Dwyer’s challenge to the use of his mobile phone data to the European Court of Justice.
The court made history today when it sat for the first time in Waterford courthouse.
In its appeal, the State challenged a High Court ruling that allowed Mr Dwyer’s challenge to a law on phone data retention.
In 2018 the High Court upheld Mr Dwyer’s challenge to a 2011 law which had enabled access to a mobile phone in 2013 and was used in his trial for the murder of childcare worker Elaine O’Hara.
The remain of Ms O’Hara, 36, were found in September 2013.
Phone data was crucial in securing the conviction against Mr Dwyer in 2015, including data pertaining to two phones detailed as “master” and “slave” devices.
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