Dwyer is attempting to overturn his 2015 conviction for the murder of childcare worker Elaine O’Hara
The Supreme Court’s judgment in Graham Dwyer ’s murder conviction appeal will be delivered after it has given a ruling in two appeals raising similar issues about the admissibility of phone data at trials.
READ MORE: Killer Graham Dwyer spends lonely 51st birthday behind bars with no visits or special treatment He said he hopes a decision in Dwyer will be given “within a reasonable time” after the next update list, which, it is understood, will likely be held in June. Dwyer’s trial was told a Nokia phone found in Vartry Reservoir in Co Wicklow in 2013 was used to send Ms O’Hara messages, including one about stabbing, culminating in a text dated August 22nd, 2012 – the last day she was seen – to “go down to the shore and wait”.
Central to the Supreme Court appeals of Smyth and McAreavey is an argument that certain telephone data evidence, obtained under the same 2011 law, was inadmissible due to legal breaches. Smyth was alleged to be the shooter, while McAreavey was alleged to have purchased petrol to destroy the vehicle, which was later found burnt out. Neither man conceded ownership of two unregistered phones used to correlate movements of a car with cell sites.
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