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Supreme Court will refer Graham Dwyer's case over his mobile phone metadata to the Court of Justice of the EU

Supreme Court will refer Graham Dwyer's case over his mobile phone metadata to the Court of Justice of the EU
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The Supreme Court's sitting in Waterford has decided to refer a number of issues to the European Court of Justice in relation to phone data retention and access.

It follows an appeal by the State over Graham Dwyer's successful legal challenge before the High Court in 2018.

The High Court ruled the legislation which allowed for phone data used used in Dwyer's prosecution to be retained and accessed was invalid.

Judges and solicitors outside Waterford Courthouse for the historic Supreme Court sitting. Image Credit: Tir Na Nog Photos

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The Supreme Court has decided to refer a number of issues to European Union Court of Justice in relation to Graham Dwyer’s case over the retention of his phone data and its subsequent access by Gardaí investigating the murder of Elaine O’Hara.

The Chief Justice Frank Clarke delivered the court's majority judgement in Waterford earlier

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