Europe

Irish state appeals ruling on Graham Dwyer's phone data

Graham Dwyer Image copyright PA
Image caption Graham Dwyer denied murdering Elaine O'Hara in August 2012

The Irish state and Gardaí (Irish police) are to lodge an appeal against a High Court decision in favour of a convicted murderer over the retention and accessing of his mobile phone data.

Graham Dwyer, 45, was given a life sentence in April 2015 for the murder of Elaine O'Hara.

In December, the High Court ruled the access of the data contravened EU law.

Mobile phone metadata was an important part of the prosecution case in Dwyer's trial.

However, the High Court found that provisions in legislation enabling the access were in breach of EU law.

On Friday, lawyers for the Garda Commissioner and the Irish state stated they would be lodging an appeal against that ruling.

According to Irish national broadcaster RTÉ, the state intends to apply for a leapfrog appeal, which would allow it to bypass the Court of Appeal and go straight to the Supreme Court.

The High Court has ruled that the enforcement of orders arising from the December judgement relating to mobile phone data should be stalled until the first hearing in the appeal.

The court also recommended that the state pay Dwyer's legal costs in relation to the case.

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