Graham Dwyer ruling expected in three weeks

Graham Dwyer was convicted in 2015 for the murder of Elaine O’Hara in August 2012. Picture: Collins Courts

The landmark judgement of the European Court of Justice (ECJ) in the Graham Dwyer case is expected in three weeks’ time, on April 5.

The ECJ ruling is strongly expected by legal observers to largely agree with a preliminary court opinion given by its legal advisor last November.

The matter was referred to the EU’s top court by the Supreme Court, which was hearing an appeal from the Government to a successful challenge by Dwyer in the High Court on the use of mobile phone evidence. 

This evidence, obtained by retaining and accessing his mobile phone traffic records, was crucial to the conviction in 2015 of Dwyer for the murder of Elaine O’Hara in August 2012.

The ECJ’s advocate general Campos Sanchez-Bordona found that general and indiscriminate retention of mobile phone traffic data was only permitted in serious cases of threats to national security.

The advisor said that retaining such data, even for cases involving serious crime, breached EU privacy rights and the EU Charter of Fundamental Rights.

Given the opinion was largely repeating previous judgments of the ECJ, legal experts do not think the ECJ will differ from it.

Sources expect the ruling will be delivered on April 5.

The ruling of the ECJ will have to be accepted by the Supreme Court and could have an impact on multiple criminal convictions both here and elsewhere in the EU.

Dwyer will use the Supreme Court’s ruling in his appeal against his criminal conviction, which is currently before the Court of Appeal.

Legal experts say this will put Dwyer's conviction in serious doubt, but say that the outcome is not certain as the Court of Appeal has some legal discretion.