Leave To Appeal

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Graham Dwyer leaving Dun Laoghaire Courthouse on September 18, 2013 after being charged with the murder of Elaine O’Hara

This morning/afternoon.

The Supreme Court is to make orders upholding Graham Dwyer’s successful High Court challenge to Ireland’s data retention laws and dismissing an appeal by the State.

The court confirmed a European ruling that Ireland’s data legislation breaches EU law and this decision must apply to past as well as future cases.

Via Independent.ie:

Confirmation of the decision came from Chief Justice Donal O’Donnell after a lawyer for the State said it had no objection to the orders being made.

It means the Supreme Court will not have to reconvene for any further hearing in the matter and will simply issue the orders.

Foxrock architect Dwyer, who is serving a life sentence for the murder of childcare worker Elaine O’Hara, plans to use the ruling to bolster a separate challenge he has taken against his conviction.

….If the Court of Appeal finds that the data evidence should have been excluded from his trial, it will have to weigh up whether there was enough other evidence to prove the case against Dwyer.

Graham Dwyer case: Supreme Court will dismiss State appeal against data ruling (Independent.ie)

Previously: Unjustifiable Breach

RollingNews

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12 thoughts on “Leave To Appeal

    1. SB

      We know he is guilty from all the evidence. A portion of this includes the phone evidence that he is arguing should not have been retained. Even if it is ruled as inadmissable in the future, it doesn’t change the fact that it proved his guilt and everybody knows this. In the unlikely event of his release, it will only be on a technicality.

        1. SB

          As I said, possibly inadmissable, but we still know. Perhaps not usable to sustain the conviction but it’s still a fact.

  1. Kin

    Did you just arrive on a banana boat ?
    the info the Garda used was on her phone found in a lake
    The police just broke data protection laws to get the proof to nail him
    I remember a mentally handicapped woman dumped in a grave and a killer desperate to have sex

  2. Ronan

    This is a both a travesty and victory for the justice system.

    A travesty in that he almost certainly did it, and Elaine O’Hara’s family will likely have to deal with time served and an acquittal with tarnished reputation as his punishment.

    A victory in that no investigation should be allowed to skirt the law to achieve a conviction, and in avoiding unacceptable amounts of surveillance by the state which could be used for other purposes such as political and social suppression.

    There wasn’t much in the way of physical evidence in the end:
    https://www.irishtimes.com/news/crime-and-law/graham-dwyer-verdict-surprised-state-pathologist-1.2256205

    This has never been a black and white case, and our legal system isn’t the French ‘bouquet of evidence’ system. If we’re no longer happy with the principle of ‘beyond reasonable doubt’ then we’d need to change or legal system somewhat – starting probably with the constitution. Otherwise, there’s unfortunately plenty of reasonable doubt here.

  3. Gabby

    He remains convicted until the lengthy legal process slowly winds to a conclusion, so we can until then say how we feel.

    1. Ronan

      The best the state can do now is delay the process for as long as possible so he ends up serving 10-12 of the sentence. If the conviction is quashed, I doubt the DPP can bring a case together again.

      1. Kin

        Also will be the travesty of paying him compensation of millions out of our taxes
        It’s win win win sadly regarding this bit of filth
        I would recon he will seek compensation due to this and I could say the starting figure will be around €10 million up

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