Mobile data retention in Graham Dwyer case breached EU law, court finds 2 months ago

Mobile data retention in Graham Dwyer case breached EU law, court finds

Graham Dwyer has won a significant legal battle regarding mobile data retention.

Graham Dwyer has won a legal battle concerning the use of mobile data in an EU court.

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The Dublin man, who was convicted of the 2012 murder of Elaine O'Hara in 2015, is attempting to have his murder conviction overturned.

The Court of Justice of the EU (CJEU) ruled this week that the mobile data retention in the case against Dwyer breached EU law. A significant amount of mobile data was used in the trial in which Dwyer was ultimately found guilty.

RTÉ News reports that although this is a win for Dwyer, it does not mean that his conviction will be automatically overturned.

Dwyer was sentenced to life in prison in 2015 for the murder of Elaine O'Hara. Ms. O'Hara, a childcare worker, was killed in 2012.

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The case was sent to the CJEU by the Irish Supreme Court after Dwyer's successful challenge to the use of his phone data in the murder trial. It will now go back to the Supreme Court.

A spokesperson for Minister for Justice Helen McEntee said the minister had noted the judgment.

Feature image via Laura Hutton/RollingNews.ie.