Supreme Court refers Dwyer case to European Court of Justice

UPDATE - 10.50am 
The Supreme Court said it intends to refer the matter of retention and access to communication data in relation to Graham Dwyer’s case to European Court of Justice.

EARLIER

A decision by the Supreme Court that could have a huge significance in Graham Dywer's bid to have his murder conviction overturned will be delivered today. Seven judges will give their decision in the first-ever Supreme Court sitting in Waterford on the State's appeal against convicted murderer Mr Dwyer's successful challenge against the retention and accessing of mobile phone data.

Two days of cases will be delivered in Waterford courthouse before moving to Kilkenny on Wednesday. Mr Dwyer's legal team are challenging the validity of the Irish Communications Act 2011. In December 2018, the High Court found that the legislation, which allows mobile phone metadata to be retained and accessed as part of an investigation into serious crimes, breached EU law.

The remains of Elaine O'Hara were found in September 2013 in the foothills of the Dublin Mountains, over a year after she was reported missing in August 2012. Evidence from Ms O'Hara's phone and laptop led to warrants to search Mr Dwyer's home after which he was arrested and charged with her murder. The phone evidence played a significant role in the case as it enabled gardaí to show communication between the pair of Mr Dwyer denied he knew Ms O'Hara. It also showed the location of the phone at significant times in the timeline of Ms O'Hara's death.

The Bandon-born man, who was living in Dublin at the time of Ms O'Hara's death, was convicted in March 2015 in a unanimous verdict and sentenced to life in prison. His appeal is currently on hold awaiting the decision of today's proceedings.