The Supreme Court will hold a special sitting in Waterford today to rule on an appeal taken by the State against a legal challenge won by convicted murderer Graham Dwyer.
If the decision is upheld, the State claims it could have serious implications for the way serious crimes are investigated and prosecuted.
One of the most crucial pieces of evidence used in Graham Dwyer’s prosecution for the murder of Elaine O’Hara emerged following the analysis of several phones linked to the case.
Using cell-site analysis, Gardaí were able to track the movements of one phone in particular that they claimed belonged to Dwyer.
It put him at certain locations relevant to their investigation, and he was found guilty following a high-profile trial almost five years ago.
His plans to appeal that conviction were given a huge boost in 2018 when the High Court ruled the law which allowed his data to be retained and accessed was invalid.
The State believes the law should stand, and says the upholding of the ruling could have adverse consequences for the investigation of serious crimes.
Dwyer is only concerned with his own case and the admissibility of phone evidence in his trial – which they say wouldn’t have been put to the jury if the decision is correct.
The Supreme Court is due to deliver its judgement at a special sitting in Waterford later this morning.
