Judges say ‘significant issues of general public importance arise’ in arguments raised in legal action
The court said it is also important to properly characterise the illegality involved, considering the data was obtained in compliance with the provisions of the 2011 Communications Act but where the Act itself was subsequently found to be inconsistent with EU law.
The Court of Appeal in March dismissed Dwyer’s conviction appeal on all grounds, including in relation to the admissibility of the call data evidence. Prior to his conviction appeal at the Court of Appeal, Dwyer took High Court civil proceedings that successfully challenged the 2011 Irish law under which the mobile phone metadata was retained and accessed by gardaí investigating Ms O’Hara’s death.
His trial was told that phone 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”.In seeking to appeal to the Supreme Court over his conviction, Dwyer’s lawyers submitted that the Court of Appeal misunderstood the CJEU’s decision regarding the 2011 law and incorrectly considered that the trial judge had a discretion to admit the phone call records.
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