Ireland: Murderer Graham Dwyer wins legal action against State and Garda Commissioner over phone data - PressFrom - United Kingdom
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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

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Convicted murderer Graham Dwyer has won his legal action against the Garda Commissioner and the State over data from mobile phones . The ruling could have implications for many other criminal cases and investigations.

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.

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.

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Image caption Graham Dwyer denied murdering Elaine O'Hara in August 2012. A murderer who stabbed a vulnerable childcare worker to death has won a legal action against the Irish State and the Garda Commissioner . The High Court in Dublin found provisions in legislation allowing Graham

Image caption Graham Dwyer denied murdering Elaine O'Hara in August 2012. A murderer who stabbed a vulnerable childcare worker to death has won a legal action against the Irish State and the Garda Commissioner . The High Court in Dublin found provisions in legislation allowing Graham

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.

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State and Garda Commissioner over phone data Graham Dwyer has won an important legal battle against the State and the Garda Commissioner as Shane Phelan: Ruling a boost for Dwyer but does not mean he'll win appeal. Russell Bishop denies murdering nine-year-olds Karen Hadaway

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 .

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.

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Convicted murderer Graham Dwyer wins legal action over phone data 'Many warnings' over Irish Dwyer , who denies killing Ms O'Hara, had claimed that data gathered from his phone , under the He also found Garda practices of applying for and obtaining mobile phone data were not enough to

Graham Dwyer won legal action over his mobile phone data . Dwyer won his legal action against the Garda Commissioner and the State earlier this month over Such data was an important part of the prosecution case in Dwyer 's conviction almost four years ago for the 2012 murder of Elaine O'Hara.

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 murderer Graham Dwyer has won a legal battle against the state and the garda commissioner as part of his attempt to overturn his conviction. The architect, who was sentenced to life imprisonment in April 2015 for killing Elaine O’Hara, claimed that data taken from his mobile phone should not have

Lawyers for the State and the Garda Commissioner are to appeal the High Court's decision in favour of convicted murderer Graham Dwyer over the retention and accessing of his mobile phone data . Dwyer won his action last year.

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.

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against State and Garda Commissioner over phone data Graham Dwyer has won an important legal battle against the State and the Garda Commissioner as Evil killer Graham Dwyer . During his high-profile trial two years ago, defence lawyers unsuccessfully argued that the phone data was

Image caption Graham Dwyer denied murdering Elaine O'Hara in August 2012. It has been described as "one of the most horrific trials ever heard in Ireland". But on Thursday, Dwyer won a legal action against the Irish State and the Garda Commissioner over his phone data . The High Court ruling

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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against State and Garda Commissioner over phone data Graham Dwyer has won an important legal battle against the State and the Garda However, no final agreement has been reached over the 18 month old action against the Martens. The four parties to the action are now being briefed on

Convicted murderer Graham Dwyer has won his legal action against the State over evidence used to prosecute him for murder . He was sentenced to life in prison - however he later launched a legal action against the state and the Garda Commissioner arguing that data gathered from his phone

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