Graham Dwyer ruling fails to stop prosecution use of mobile phone evidence in murder trial

Today's ruling is not binding on other judges but it is the first indication of how Irish courts could interpret the European court's ruling

Earlier this year the CJEU ruled in favour of murderer Graham Dwyer (pictured) in his challenge to a 2011 law that required mobile phone companies to keep data relating to calls, texts and the location of mobile phones for two years. File picture: Collins Courts

The ruling of the Court of Justice of the European Union (CJEU) in Graham Dwyer's case that the indiscriminate retention of mobile phone data for use in criminal investigations is a breach of law, does not automatically mean that such evidence should be excluded, a High Court judge has found.

In the first ruling in an Irish court since the CJEU's decision, Mr Justice Tony Hunt found that gardaí investigating a Dublin murder were entitled to access the killer's phone records.