The Justice Minister says a High Court judgement involving Graham Dwyer will have to be considered very carefully.
The convicted murder has won a legal action against a law that allowed his mobile phone data to be used during his trial.
In 2015, Graham Dwyer was found guilty of the murder of childcare worker Elaine O’Hara – in a trial that gripped the nation.
He was convicted of killing the 36 year old for his sexual gratification with mobile phone data forming an integral part of the trial.
However, Dwyer argued that the use of this data breached his right to privacy following a 2014 European Court ruling and he took a case against the State and the Garda Commissioner.
In a lengthy judgement, a judge has now ruled that that Irish laws breach EU laws when it comes to how phone data is accessed and retained- (because the retention of the data is ‘general and indiscriminate’).
However, Judge Tony O’Connor said it wasn’t an automatic consequence that any trials will collapse or convictions will be quashed following this judgment.
So Dwyer has won this stage of the legal battle and his lawyers are likely to use it when the matter progresses to the Court of Appeal for further argument.
Dwyer – who denies Ms O’Hara’s murder – wasn’t present for the decision and remains in the Midlands Prison in Portlaoise serving a life sentence.