State's appeal to Graham Dwyer phone data challenge likely 'fully argued', Supreme Court told

Last month, the European Court of Justice upheld Dwyer’s challenge to the legality of Ireland’s metadata regime

Mobile phone metadata played a central role in securing Graham Dwyer’s conviction in 2015 for the murder of childcare worker Elaine O’Hara in 2012. File photo: Collins Courts

Lawyers involved in convicted murderer Graham Dwyer’s challenge over mobile phone metadata evidence used to convict him have told the Supreme Court the matter has likely been “fully argued”.

Sean Guerin SC, representing the State, said the parties will seek to agree on terms upon which the matter can be concluded. He noted that oral arguments have already been given in both the Supreme Court and the European Court of Justice (CJEU) in the State’s appeal against a High Court decision that a 2011 data retention law should be struck down.

Last month, the CJEU upheld Dwyer’s challenge to the legality of Ireland’s metadata regime as set out in some provisions of the 2011 law. Mobile phone metadata played a central role in securing Dwyer’s conviction in 2015 for the murder of childcare worker Elaine O’Hara in 2012.

The State’s appeal to the Supreme Court had been on hold pending the ECJ ruling. It had asked the CJEU to rule if the phone metadata retention system in Ireland breaches EU law.

The case has been returned to the Supreme Court to deliver its final judgment on the appeal.

When the matter returned to the court for case management on Wednesday, Chief Justice Donal O’Donnell was told it was unlikely there would be a need for a further hearing of arguments.

Mr Guerin asked for a two-week adjournment so the parties could work to reach an agreement about the appropriate orders.

Mr Justice O’Donnell noted that any orders would need to be ruled on by the court. The case management hearing was adjourned until later this month.