The European Court of Justice has just ruled in favour of Graham Dwyer’s arguments against the legality of a law governing the retention of phone traffic and location data.
It has confirmed that EU law doesn’t allow for the “general and indiscriminate” retention of such data for the purposes of fighting serious crime.
🆕Graham Dwyer’s bid to overrun his murder conviction has been boosted by the European Court of Justice, after its ruling on the retention of mobile phone data. pic.twitter.com/jrKPRXizZ7
— Eoghan Murphy (@eoghanymurphy) April 5, 2022
The Supreme Court will now have to uphold a previous legal win Dwyer had in the High Court in a move which is likely to strengthen his case when he eventually appeals his conviction for the murder of Elaine O’Hara.
The Dublin architect was handed a life sentence for Ms O'Hara's murder in 2015.
Report by our Courts Correspondent Frank Greaney