Supreme Court decision due today on phone metadata could affect Graham Dwyer appeal

A Supreme Court judgment on phone metadata evidence in criminal trials could have significant implications for Graham Dwyer’s separate bid to overturn his murder conviction. Photograph: Cyril Byrne

Dwyer’s appeal was heard after the appeals brought by Caolan Smyth and Gary McAreavey, on which judgment will be given today. Smyth was alleged to be the shooter, and McAreavey was alleged to have purchased petrol to destroy the car used in the attempted murder. The prosecution case relied in part on retained phone data for the purpose of attributing a phone to Smyth and correlating the car’s movements with the cell sites used by that phone.

Dwyer successfully challenged the 2011 law in civil proceedings here, and the High Court’s decision that the Irish telephony data retention regime was incompatible with EU law was upheld in 2022 by the Court of Justice of the European Union . The admissibility of phone metadata gathered and retained under the 2011 Act has been a crucial issue in Dwyer’s litigation over years aimed at having his conviction for the murder of Ms O’Hara quashed.

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