He was convicted by a jury four years ago of the 2012 horror killing of Elaine O’Hara

Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling

Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling

Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling

Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling

Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling
Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling
  • 2019-01-11 18:25:09 11 months ago
  • Views 2,897

Sex killer Graham Dwyer is set to face another legal fight as the State looks to appeal his High Court phone records win.

The former architect took a case against it to remove critical data from the Garda case against him.

He was convicted by a jury four years ago of the 2012 horror killing of Elaine O’Hara.

The court found he killed her during a sexual bondage fantasy in the Dublin mountains. Gardai used retained phone data in their investigation to nab Dwyer – the tracking of the phone signals showed where he was.

The 100-page ruling at the High Court found Irish legislation used to keep records and accessed in criminal investigations is in breach of EU law and European Convention of Human Rights.

Graham Dwyer and Cloverhill Prison, Dublin
Graham Dwyer and Cloverhill Prison, Dublin

Now, sources have confirmed lawyers for the State are set to launch a fight back against the High Court ruling and are destined for a battle in the Supreme Court. A large number of cases, particularly gangland investigations, could be under threat because of the ruling.

Gardai access phone records to place the suspects at a particular location and also to see who they were in contact with during their crimes.

This data is retained by phone companies and handed over to gardai when a request is made.

The High Court found the system is in breach of EU law which takes precedence over Irish legislation – which was also found to be lacking in this area.

Gardai were using a 2011 law brought in in response to a European directive – this forced mobile phone providers to hold on to the data for two years.

Graham Dwyer

Then this EU directive was found to be invalid by the Court of Justice of the European Union in 2014 but the Dail never updated Irish law to fit in with it.

Mr Justice O’Connor took two- and-a-half hours to read his judgement and said the importance of EU law was the basis for his ruling.


He added: “The primacy of EU law is the foundation for this judgment and loomed large throughout the entire hearing of these proceedings.

“One of the major obstacles affecting the position of the defendants is that Ireland and its courts have no option but to apply EU law which prohibits ‘general and indiscriminate retention’ and access which is not authorised by a court or an independent administrative authority in accordance with law.

18/10/'2013 Graham Dwyer, of Kerrymount Close, Foxrock in Dublin who has appeared at D n Laoghaire District Court charged with the murder of Elaine O'Hara...Pic Collins Photos

“It is a well-established principle that where national law conflicts with EU law, the organs of the Member States are under a duty to disapply their national law.”

A Garda spokesman appeared to confirm the legal wheels were already in motion regarding the matter. He said: “It is not the policy of An Garda Siochana to discuss matters that are currently before the courts.”

The Department of Justice was approached for a statement.

A Department of Justice spokesman said: "On foot of legal advices, the State intends to appeal the High Court Judgment in this case having regard to the general public importance of the issues arising in these proceedings and in circumstances where a number of references have been made to the Court of Justice which raise fundamental questions about the scope and meaning of previous Judgments made by that Court."

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Sex killer Graham Dwyer in for another legal fight as State to appeal High Court's phone data ruling

Christine McGuinness embraces her curves after revealing one stone weight gain

Christine McGuinness can't stop smiling as she shows off her curves and her one stone weight gain.

The model wife of TV host Paddy McGuinness has said she feels better after putting on some weight.

And she looked happy, healthy and gorgeous as she was spotted braving the cold on a day out in Cheshire.

The blonde beauty didn't let the winter weather ruin her looks when she headed out in a brown corduroy mini skirt and a figure-hugging short-sleeved jumper.

Carrying her designer bag, the Real Housewives of Cheshire star looks sensational in her over-the-knee suede boots.

It seems the star couldn't bear the cold for her entire walk though, as after a while she pulled on a long white coat with a faux fur collar trim.

Christine looks gorgeous

Christine smiled for the cameras, looking happy in her own skin.

It comes not long after she revealed she was much happier after gaining weight.

Christine took to Instagram to share side-by-side videos of herself posing in front of the mirror.

In her before image, she's so skinny her ribs are visible on her side.

She stands topless, with her arm covering her breasts.

In the after image, she poses up in nothing but her bra and knickers, panning the camera up and down to show off her new slightly-fuller figure.

She's happier and stronger after gaining weight
She's gained a stone

She told her fans: "This is February (left) vs December (right) I’ve gained over 1 stone and feel much better for it!

"I started 2018 feeling very weak, broken and worthless.. I’m leaving 2018 feeling happy, healthy and strong.

"Sometimes you have to hit rock bottom to get back up and realise how strong you are. Everyone has good and bad times in life, focus on the good. Remember things do change so never make a permanent decision on temporary feelings.

"Create your own happiness. Build yourself and your future. .

"'Be strong when you are weak, brave when you are scared and humble when you are victorious'

She shared this before and after comparison

"Believe in yourself always"

The mum-of-three's fans think she looks amazing.

One told her: "You look amazing and so glad you Feel much happier too"

Another said: "You go girl - absolutely fabulous! Beauty inside and out."

Do you have a story to sell? Get in touch with us at  webcelebs@trinitymirror.com  or call us direct 0207 29 33033

BREAKING Cesc Fabregas transfer: Chelsea midfielder seals Monaco switch

Cesc Fabregas has left Chelsea to join Monaco.

The Blues confirmed the transfer in a statement on Friday afternoon.

It read: "Cesc Fabregas has today completed a permanent transfer to Monaco.

"The midfielder’s switch to the Ligue 1 club brings the curtain down on his four-and-a-half year Chelsea career, a period in which he won four major trophies, including two Premier League titles.

"The Spaniard made 198 appearances for Chelsea, scoring 22 goals.

"We thank Cesc for his wonderful service and wish him the very best of luck for the next chapter in what has been a fantastic career."

We'll be bringing you the very latest updates, pictures and video on this breaking news story.

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Follow us on Twitter  @MirrorSport - the official Daily Mirror & Mirror Online Twitter account - real news in real time.

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