Friday 20 April 2018

Graham Dwyer's lawyers to argue data laws breached his rights

Graham Dwyer was convicted of the murder of Elaine O’Hara. Photo: Collins Courts
Graham Dwyer was convicted of the murder of Elaine O’Hara. Photo: Collins Courts

Tim Healy

Convicted murderer Graham Dwyer's High Court challenge against the State over the use of mobile phone records during his trial is due to start today.

Dwyer (45) was jailed for life in 2015 for the murder of Elaine O'Hara. In High Court proceedings, Cork-born Dwyer claims certain provisions of the Communications (Retention of Data) Act 2011 breach his rights to privacy under the Constitution, the European Convention on Human Rights and the Charter of Fundamental Rights of the European Union.

An EU Directive underlying the 2011 Act was struck down by the European Court of Justice (ECJ) in 2015. Dwyer's case, which was commenced shortly after his conviction, is understood to raise important issues of law.

The case, expected to last for approximately two weeks, will be heard by Mr Justice Tony O'Connor. Qualified architect Dwyer will not be present at the hearing. His action is against the Garda Commissioner, the DPP, Ministers for Justice and Communications, Ireland and the Attorney General, which oppose his claims.

Irish Independent

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