Supreme Court refer decision in Graham Dwyer’s appeal to European Court of Justice
Graham Dwyer’s appeal over his conviction in regards to the the murder of Elaine O’Hara has been referred to the European Court of Justice.
Mr O’Dwyer had appealed the ruling in his case over the retention and accessing of his mobile phone records, which he and his legal team said was in contravention of EU data laws.
In December 2018, Mr Dwyer won a High Court decision over the access and retention of mobile phone date, which he claimed violated the European Convention on Human Rights.
The State challenged this decision and today the seven members of the Supreme Court gave their verdict on the case at a special sitting of the Supreme Court in Waterford – the first time that court has sat in that location.
The challenge by the state to the verdict given by the High Court in favour of Mr Dwyer will now be put in front of the European Court of Justice.
Elaine O’Hara went missing in on August 22, 2012. She was last seen in Shanganagh Park in Dublin. Her car was found at a nearby cemetery attached to the park where her mother was buried.
In September 2013, fishermen in the Vartry Reservoir near Roundwood in county Wicklow discovered a number of items, including handcuffs and ball-gags. Just three days later, body parts were discovered by a person out walking on Killakee Mountain and through dental records found it was the body of Elaine O’ Hara.
Investigators established a link between Ms O’Hara and Graham Dwyer through adult fetish website – alt.com. Gardai arrested Dwyer after discovering he had a relationship with Ms O’Hara and the murder trail began in January 2015.
Much of the evidence used in the trial centred on a pre-paid 083 mobile number of Ms O’Hara’s and Dwyer’s own mobile phone.
In March 2015 he was convicted of the murder and sentenced to life in prison.
Mr Dwyer has launched several appeals against his conviction and in 2018, won a case in the High Court which said that the accessing of his data violated the European Convention on Human Rights.
This verdict was challenged by the state to the Supreme Court, who today decided to refer the decision to the European Court of Justice.