Legal experts have raised doubts over whether Graham Dwyer will succeed in overturning his murder conviction despite winning a High Court action over the use of mobile phone data as evidence at his trial. Graham DwyerExperts said the implications for other convictions were not clear, but believe it could have ramifications for cases currently before the courts and ongoing investigations. The High Court yesterday ruled that Ireland’s legislation allowing the retention and accessing of mobile phone data, as in Dwyer’s case, breached EU law on individual rights. Mr Justice Tony O’Connor found that the Communication (Retention of Data) Act 2011 was “general and indiscriminate” and breached the “fundamental right to privacy” under EU law and the European Convention on Human Rights. He said yesterday’s ruling will allow Dwyer to argue that the mobile phone data should be excluded.

Source: Irish Examiner December 07, 2018 06:00 UTC