Court to rule on Graham Dwyer’s appeal against conviction for murder of Elaine O’Hara

He later took High Court civil proceedings successfully challenging an Irish law under which mobile phone metadata was retained and accessed by gardaí investigating Ms O’Hara’s death.

Dwyer denies the murder of Ms O’Hara and being the person who bought and used a Nokia phone found in Vartry Reservoir in Wicklow in 2013. It was argued the trial judge erred in his interpretation of a 2014 decision of the ECJ declaring that the EU Data Retention Directive 2006, on which the 2011 Irish law permitting retention and accessing of phone metadata for serious crime was based, breached EU law.

The conviction was unsafe and should be quashed, it was submitted. In exchanges with the court, the defence argued the issue of the admissibility of the phone metadata evidence in itself entitled him to a retrial. The prosecution, he said, had established Dwyer was the author of the text messages at issue and connected to Ms O’Hara; that the desires expressed in the text messages were real and reflected the intention to kill; that the circumstances of Ms O’Hara’s disappearance and death could only be explained by the realisation of that intention and that suicide was not an explanation.

It’s E.U law and the government have to go by it. He should get a re trial it will prove just how sick this individual is. Take his phone records out and his still guilty as f..k by the time all of this comes up he would have done his sentence.

Imagine that guy back in society. It would give one goosebumps.

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