Supreme Court to refer Graham Dwyer mobile phone data retention case to EU Court of Justice

Supreme Court to refer Graham Dwyer mobile phone data retention case to EU Court of Justice
Pictured is Chief Justice Frank Clarke (centre) with Superme Court memebrs, as he delivered the Supreme Court decision this morning in Waterford on the State's appeal against convicted murderer Graham Dwyer's successful challenge to the retention and accessing of mobile phone data. The Supreme has decided to refer the case the Court of Justice in the EU. Photograph: Eamonn Farrell / RollingNews.ie

THE Supreme Court has said it will refer key issues in convicted murderer Graham Dwyer’s mobile phone data retention case to the EU Court of Justice.

The State’s appeal over a far-reaching High Court finding that a 2011 law permitting phone data to be used in his trial breaches EU law will not be fully decided by the Supreme Court until the CJEU rules.

Dwyer’s separate appeal over his 2015 conviction for the murder of Elaine O’Hara remains on hold.

In judgments delivered during its first-ever sitting in Waterford courthouse today, the court said it intended to refer issues to the CJEU for determination.


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