Lisa Smith lawyers waving Data Protection Act like 'garlic at a vampire,' says barrister

Counsel for the State said the right to privacy is not absolute and a breach of a person's right to privacy does not mean the evidence gleaned must be excluded

Lisa Smith has pleaded not guilty to membership of an unlawful terrorist group, Islamic State. Photo: Niall Carson/PA

Lawyers are waving the Data Protection Act like "garlic at a vampire" when prosecutors try to use evidence gleaned from CCTV, mobile phones or social media, counsel for the State has told the Special Criminal Court trial of Lisa Smith, who denies membership of Isis.

Sean Gillane SC told the three-judge, non-jury court that the right to privacy is not absolute and all investigations involve an incursion into that right. He said gardaí acted lawfully when they used a warrant to seize messages sent using Facebook between Ms Smith and known Islamist terrorists in Australia and Syria.