ruling, given in judicial review proceedings by Dwyer concerning the use of mobile phone data at his trial, forms part of his bid to overturn his conviction for the murder of childcare worker Elaine O’Hara.
The State, they noted, had said the case raised complex and novel questions of constitutional and EU law with significant implications affecting many others apart from the parties, making a Supreme Court appeal almost inevitable.The State is appealing Mr Justice Tony O’Connor’s High Court finding that part of the State’s data retention laws concerning information generated by telephones contravenes EU law and provides for an indiscriminate data retention regime.
Noting the intention to appeal, the judge said his ruling should not be used as a reason for retained telephony data to be destroyed.
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