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IrelandMurderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data

17:05  06 december  2018
17:05  06 december  2018 Source:   independent.ie

Shane Phelan: Ruling a boost for Dwyer but does not mean he'll win appeal

Shane Phelan: Ruling a boost for Dwyer but does not mean he'll win appeal Shane Phelan: Ruling a boost for Dwyer but does not mean he'll win appeal

Lawyers for convicted murderer Graham Dwyer have begun a legal action against the garda commissioner and the State over data from mobile phones . Data from mobile phone companies played a central part in Dwyer 's trial three years ago for the murder of Elaine O'Hara in 2012.

Lawyers for convicted murderer Graham Dwyer will go to the High Court tomorrow to begin his action against the Garda Commissioner and the State over the collection and retention of mobile phone data .

Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data © Independent.ie Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data

Graham Dwyer has won an important legal battle against the State and the Garda Commissioner as part of his bid to overturn his conviction for the murder of childcare worker Elaine O'Hara.

In a lengthy and detailed ruling this morning, Mr Justice Tony O'Connor found the Cork-born architect is entitled to certainly limited declarations concerning provisions of Ireland's data retention laws.

The judge stressing the primacy of European law, found that sections of Ireland's retention laws contravene EU law and findings of the European Court of Human Rights.

Irish murder case back in spotlight

Irish murder case back in spotlight There are concerns a phone data ruling may undermine one of Ireland's most controversial murder cases. PA Graham Dwyer Graham Dwyer denied murdering Elaine O'Hara in August 2012 1 It has been described as "one of the most horrific trials ever heard in Ireland". In 2015, an Irish architect was found guilty of murdering a vulnerable childcare worker for his own sexual gratification. But on Thursday, Dwyer won a legal action against the Irish State and the Garda Commissioner over his phone data. The High Court ruling has concerned among many who followed the trial.

GRAHAM Dwyer ’s court case against the State and the Garda Commissioner is to go ahead But the monster claims his privacy rights — under the Communications (Retention of Data ) Act 2011 His legal action against the Commissioner and State over the use of mobile phone records in his trial

— Graham Dwyer , Text from 083 phone , 2011[9]. Dwyer did not have a history of criminality. During and after the trial, Dwyer 's legal team highlighted that the legislation covering the capture and use of the mobile phone evidence in the Dwyer case - and other cases which rely upon mobile phone data

The declarations will be formalised at a later date and will refer to telephony data only.

As well as being an important ruling in respect to Dwyer's appeal the state had argued the action also had major implications in relation to the authorities' ability to retain, access and use information generated by mobile phones in the investigation of serious criminal activities.

Dwyer, who was not present in court for the ruling, will now use the High Court's findings as part of his appeal against his conviction.

Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data © Press Association Graham Dwyer However, an appeal by the State defendant's against today's decision is understood to be under consideration.

In his action Dwyer, who denies killing Ms O'Hara,  claimed that data gathered from his phone, under the 2011 Communications (Retention of Data) Act, should not have been used at his 2015 trial before the Central Criminal Court.

Evil killer Graham Dwyer confident he'll be 'free in months' following court win

Evil killer Graham Dwyer confident he'll be 'free in months' following court win The 46-year-old was jailed for life for the murder of childcare worker Elaine O’Hara in 2012 . But he is confident he will be released from the Midlands Prison after a High Court ruling on Thursday found legislation governing phone data retention was in breach of EU laws. A source said: “Dwyer reckons he will be a free man by early next year, he’s convinced. “He was cocky to begin with and this win has just made him more so. “He was walking around all smug following the verdict. “He’s very confident and there is no doubt in his mind he will walk free.

Graham Dwyer 's case against the State argues his phone data should not have been collected. © Laura Hutton RollingNews.ie Graham Dwyer CONVICTED MURDERER GRAHAM Dwyer will find out in October if his action against the State and the Garda Commissioner aimed at having provisions

A SENIOR Garda has said it would be “virtually impossible” to probe many serious crimes here without using retained communication data . Det Chief Supt Anthony Howard was giving evidence in an action brought against the State and the Garda Commissioner by convicted killer Graham Dwyer .

The data, which was generated by Dwyer's work phone, placed the phone at specific places at particular times and dates.

That data was used to link Dwyer to another mobile phone the prosecution told the jury during his high profile trial that he acquired and used to contact Ms O'Hara, whom he had an affair with.

The use of the data, Dwyer claimed, was unconstitutional and breached his rights under the EU Charter and the European Convention on Human Rights, including his right to privacy.

Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data Graham Dwyer Dwyer's lawyers argued the Act was introduced to give effect to a 2006 EU directive concerning the retention and use of data.

The European Court of Justice (ECJ) found in 2014 that the directive was invalid and that position was further strengthened in subsequent rulings by that court in 2016.

He claimed the 2011 Act suffers from the same flaws identified by the ECJ.

The state opposed his arguments and said Dwyer's application was misconceived and should be dismissed.

Gardai trawl through cases in aftermath of Graham Dwyer's court victory

Gardai trawl through cases in aftermath of Graham Dwyer's court victory Garda HQ has instructed senior officers to conduct a trawl of current investigations that could be impacted by the landmark ruling on mobile phone evidence that was used to convict Graham Dwyer. 

CONVICTED MURDERER GRAHAM Dwyer ’s High Court challenge against the Garda Commissioner and the State over the use of In High Court proceedings Dwyer claims certain provisions of the Communications (Retention of Data ) Act 2011 breach his rights to privacy under the

Dwyer ’s High Court action against the Garda Commissioner and State over the use of mobile phone records in his trial began today before Mr Justice Tony Dwyer claims certain provisions of the Communications (Retention of Data ) Act 2011 breach his rights to privacy under the Constitution, the

It also argued that Dwyer cannot escape the fact his application to exclude evidence generated by his mobile telephone from the jury at his 2015 trial was rejected by the judge presiding over his trial.

It further argued the laws that allow the authorities to access and utilise retained data, which Dwyer seeks to have struck down, are extremely important in the detection, prevention and investigation of serious crime, including cybercrime, organised crime gangs, murder and terrorism.

Evidence in what was a highly complex case which raised points of law that had never been argued before the Irish superior courts commenced in February.

Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data Graham Dwyer While the bulk of evidence and submissions in the case concluded in March the matter was adjourned from time to time to allow for submissions on recent relevant decisions from the European Court of Justice and the European Court of Human Rights concerning issues raised in the case.

In his ruling the Judge said he was satisfied that the 2011 Act provides for an indiscriminate retention regime.

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The evil killer started a case against the State and the Garda Commissioner over the use of his Dwyer 's case against the State and Garda Commissioner began on February 20. However the fiend now claims his right to privacy was breached because of laws surrounding how such data is

CONVICTED MURDERER GRAHAM Dwyer will find out in October if his action against the State and the Garda Commissioner aimed at having provisions That data was used to link Dwyer to another mobile phone the prosecution says Dwyer acquired and used to contact Ms O’Hara. The use of the

The ECJ, the judge said, had found that such regimes are prohibited under Articles 7 and 8 of the European Charter.

The Judge, noting the primacy of EU laws, said the European Court had found that the fighting of serious crime cannot justify the general and indiscriminate retention regime.

Incident in which garda was hospitalised being investigated by GSOC

Incident in which garda was hospitalised being investigated by GSOC Incident in which garda was hospitalised being investigated by GSOC

It has been just over two years since Dwyer was jailed for the murder of Elaine O'Hara in August 2012. There was no forensic evidence linking him to the crime, but evidence from mobile phones Dwyer has already lodged an appeal against his conviction, but that will not be heard until after this

Convicted murderer has taken case claiming garda ’s use of information as evidence unfair. Seán Guerin SC, for the State and Garda Commissioner , said his side was not arguing Dwyer ’s privacy Data generated by his phone was later put before the jury by the prosecution during his 2015 trial at

The Judge added that practices of how Garda apply for and obtain mobile phone data was not enough to satisfy the decisions of the European Courts in regards to access.

The judge also held that the declarations could not be prospective as the state had argued and could not be suspended to allow the legislature time to enact any new law.

Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data © Irish Independent 'Graham Dwyer thought he could get away with murder - as his appeal date nears, the sadistic killer still believes he'll walk free' Dwyer he said is entitled to certain declarations which are to be formally agreed by the parties and will be limited to telephony data and will exclude any effect on the security of the state and the saving of human life.

It was not necessary to consider the constitutionality of the various sections of the 2011 Act because Dwyer had obtained effective relief in the form of certain declarations, the Judge added.

However, the Judge said that it did not automatically follow that telephony data retained and accessed contrary to EU law used by the prosecution in Dwyer's trial will lead to the quashing of his conviction.

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Man, 33, arrested as 65-year-old found dead at house in Ashbourne, Co Meath Gardai are now appealing for witnesses to get in touch

Sean Guerin SC for the State and the Garda Commissioner told the High Court today that his side Data generated by his phone was put before the jury by the prosecution during Dwyer ’s 2015 trial at Dwyer ’s right to privacy in relation to his phone data had to be weighed against other competing

Convicted murderer Graham Dwyer . Graham Dwyer “cannot escape” a ruling that data generated by his mobile phone could be used as evidence Brian Murray SC, for the State and the Garda Commissioner , said telecommunication data from Dwyer ’s personal mobile phone was retained and

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