The High Court 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.
As well as being an important ruling in relation to Dwyer’s appeal against conviction, the State says it has major implications in relation to the authorities’ ability to retain, access and use information generated by mobile phones in the investigation of serious criminal activities. Brian Murray SC, for the State, said continuation of the stay was necessary to ensure clarity for gardai in relation to accessing phone data in the interim.
If a stay was refused and the State won its appeal, it was “difficult to predict the difficulties that might cause”, he said.
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Source: IrishTimes - 🏆 3. / 98 Read more »