Ireland has argued before Europe’s highest court that ruling in favour of an appeal brought by convicted murderer Graham Dwyer would undermine faith in the country’s criminal justice system. However, Dwyer’s counsel, Remy Farrell SC, told the court that, in prosecuting his client, the State had used mobile phones in a manner akin to “personal tracking devices”. Dwyer was convicted in 2015 of the murder of Elaine O’Hara, a 36-year-old Dublin woman, in August 2012. His appeal against his conviction was aimed primarily at the use of mobile phone data to pinpoint his location on certain dates - given no physical evidence against him existed. Arguing before the court on Monday, Mr Farrell described Ireland’s data retention law as being “extreme”.

Source: Irish Examiner September 13, 2021 17:13 UTC