The Supreme Court has
said it intends to refer convicted murderer Graham Dwyer's case over the
retention and accessing of his mobile phone metadata to the Court of Justice of
the European Union. Chief Justice Frank Clarke said he had expressed a view on
three key issues in the case, but because the answers involve matters of EU law
and the answers are not clear, he intended to refer the issues to the Court of
Justice of the EU in Luxembourg. He said a draft document would be circulated
to the parties and they would have seven days to make observations. The
eventual outcome of the case could have significant consequences for the
investigation of serious crimes.
https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/graham-dwyer-phone-data-appeal-referred-to-european-court-of-justice-1.4183093
https://www.rte.ie/news/courts/2020/0224/1117195-dwyer-supreme-court/
In December 2018, the High Court found the legislation allowing mobile phone metadata to be retained and accessed as part of the investigation of serious crimes breached EU law by being general and indiscriminate and lacking any independent oversight.
https://www.irishtimes.com/news/crime-and-law/courts/supreme-court/graham-dwyer-phone-data-appeal-referred-to-european-court-of-justice-1.4183093
https://www.rte.ie/news/courts/2020/0224/1117195-dwyer-supreme-court/
In December 2018, the High Court found the legislation allowing mobile phone metadata to be retained and accessed as part of the investigation of serious crimes breached EU law by being general and indiscriminate and lacking any independent oversight.
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| Graham Dwyre |
The prosecution was able to show where Dwyer's phone was at certain times and what numbers it contacted. Gardaí were able to get the data under Irish legislation brought in following a European directive, which was later declared invalid by the Court of Justice of the EU in 2014. Dwyer's legal team argued the High Court's decision should stand. Both sides agreed that if there was a lack of clarity in previous judgments of the Court of Justice of the EU the Supreme Court should make a reference to that court in this case. Dwyer's appeal against his 2015 conviction is on hold pending the outcome of these proceedings.
Read more:
Convicted murderer Graham Dwyer wins legal action over phone data
'Many warnings' over Irish data retention laws
Convicted murderer Graham Dwyer wins legal action over phone data
'Many warnings' over Irish data retention laws
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