Phone data evidence should be dismissed in attempted murder case, court hears

Phone records used to connect phones two co-accuseds were retained and accessed pursuant to a 2011 Irish law —  the same regime under which call data evidence was obtained as part of the case against Graham Dwyer, who was convicted in 2015 for the murder of childcare worker Elaine O’Hara

The records, used to connect phones to the co-accuseds, were retained and accessed pursuant to a 2011 Irish law —  the same regime under which call data evidence was obtained as part of the case against Graham Dwyer, who was convicted in 2015 for the murder of childcare worker Elaine O’Hara. Picture: Niall Carson/PA 

Mobile phone data used to secure Special Criminal Court convictions of two men for involvement in an attempted murder should be deemed inadmissible, a seven-judge Supreme Court has been told.

The records, used to connect phones to the co-accuseds, were retained and accessed pursuant to a 2011 Irish law —  the same regime under which call data evidence was obtained as part of the case against Graham Dwyer, who was convicted in 2015 for the murder of childcare worker Elaine O’Hara.