The landmark High Court ruling on data retention, which will be used by Graham Dwyer in his murder appeal, was highly complimentary of gardaí involved in accessing and analysing his mobile phone data. Prof Kilcommins said Thursday’s ruling by Mr Justice Tony O’Connor — that the 2011 Act breached EU law — allows Dwyer to make the case in his murder appeal that the data should be excluded. However, he said it “does not automatically follow” that this will lead to the quashing of his conviction for the murder of Elaine O’Hara. Of relevance to the Court of Appeal in assessing the “conduct and state of mind” of those involved in accessing Dwyer’s data, Mr Justice O’Connor commended the work of Detective Chief Superintendent Peter Kirwan. He said the “methodical” work of Sarah Skedd, senior crime and policing analyst, demonstrated the “benefit and necessity of her expertise and work”.

Source: Irish Examiner December 08, 2018 05:26 UTC