Supreme Court to refer Dwyer mobile phone data retention case to EU Court of Justice

A majority Supreme Court has decided to refer key issues in convicted murderer Graham Dwyer’s mobile phone data retention case to the EU Court of Justice.

Although the State’s appeal over a far-reaching High Court finding that a 2011 law permitting phone data to be used in his trial breaches EU law will not be fully decided by the Supreme Court until the CJEU rules, the Chief Justice Frank Clarke expressed important preliminary views today with which six of his colleagues agreed.