The Supreme Court plans to refer Graham Dwyer's case objecting to the access and retention of his mobile data to the Court of Justice of the European Union.
Chief Justice Frank Clarke spoke for ten minutes at the brief sitting in Waterford Courthouse and highlighted concerns he had that the issues raised were matters for the European Court to address. Crowds of lawyers and law students packed into the courtroom to watch proceedings, because the outcome of this case could have significant implications on not just Dwyer's jailing, but also other serious crimes.
The High Court previously ruled that the way investigators accessed and kept Dwyer's mobile phone data breached EU law.This evidence played a key role in the prosecution of the Dublin man for the brutal murder of Elaine O'Hara in 2012.
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