Graham Dwyer's conviction 'certainly looking more dubious'

Graham Dwyer was convicted of murdering Elaine O’Hara — but the use by gardaí of mobile phone data to build their case against him may prove crucial in his bid to overturn that conviction. Picture: Niall Carson/PA

Legal advice that Ireland’s mobile phone data retention system breaches European law “definitely favours” Graham Dwyer in his efforts to overturn his conviction for the murder of Elaine O’Hara, experts say.

However, they say the “key question” is whether or not the Court of Appeal will determine if the mobile phone data — used prominently by the prosecution to prove Dwyer’s guilt — has to be excluded, or can still be accepted.