Graham Dwyer’s challenge to a controversial law which allowed his mobile phone data to be retained looks set to be bolstered in Europe this morning.

The European Court of Justice will soon deliver a ruling, which could greatly affect the strength of his case when he appeals his murder conviction.

In 2015, Graham Dwyer was handed a life sentence for the murder of Elaine O’Hara

The year before his conviction, the EU directive underpinning Irish law which allowed gardaí to access his mobile phone data was struck down.

In 2018, the High Court ruled that the law was “too general and indiscriminate” when it came to the retention of that information.

Given the potential consequences when it comes to the investigation of serious crimes, the State appealed that decision to the Supreme Court, which requested clarity from Europe on several issues.

In November, the legal adviser of the European Court of Justice backed the 2018 judgement of the High Court.

He also referenced the fact that access to such data doesn’t appear to be subject to prior review by a court or an independent authority.

The court is not bound by his opinions, but they are considered to be a good indication of what way it’ll go when the judgement is delivered this morning.