State to appeal Graham Dwyer ruling on mobile phone data

He recently won a High Court legal action over the access and retention of mobile phone data

State to appeal Graham Dwyer ruling on mobile phone data

Graham Dwyer. Picture by: Niall Carson/PA Archive/PA Images

The State is to appeal the Graham Dwyer ruling on mobile phone data.

The convicted murderer recently won a High Court legal action over the access and retention of mobile phone data.

Mobile phone metadata formed a crucial role in the conviction of Dwyer for the murder of Elaine O’Hara.

The remains of the childcare worker were found in the Dublin mountains in 2013 and Dwyer was convicted in 2015 for murdering her for his own sexual gratification.

He’s appealing his murder conviction and ahead of that he took a legal action in the High Court on mobile phone data.

He won, with a judge ruling Irish laws are in breach of EU laws when it comes to how mobile phone data is accessed and retained.

Mr Justice Tony O’Connor found the laws were indiscriminate when this legislation is used in the prosecution of serious crime.

Lawyers for the State and Garda Commissioner have now revealed they will be appealing the ruling.

They intend to apply for a ‘leapfrog’ appeal to allow the case go directly to the highest court in the land, the Supreme Court.

Graham Dwyer wasn’t in court for this morning’s hearing – he remains in the Midlands Prison serving a life sentence.